Opinion
NO. 5:07-CV-136 (HL), PROCEEDINGS UNDER 42 U.S.C. § 1983.
May 1, 2007
ORDER AND RECOMMENDATION
Plaintiff TONY JACKSON herein has filed a motion to amend his complaint to include an additional defendant. Tab #7. Since this is Plaintiff's first proposed amendment and no defendant has filed any responsive pleading, Plaintiff's motion to amend his complaint and add as a defendant JAMES DONALD is GRANTED as a matter of course. Fed.R.Civ.P. 15(a)
However, the plaintiff's allegations against Donald are based solely on Donald's supervisory capacity, and actions cannot be brought pursuant to § 1983 under the theory of respondeat superior. Geter v. Wille , 846 F.2d 1352 (11th Cir. 1988).
Accordingly, IT IS RECOMMENDED that JAMES DONALD be DISMISSED from this action. Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this RECOMMENDATION with the district judge to whom this case is assigned WITHIN TEN (10) DAYS after being served with a copy thereof.
SO ORDERED AND RECOMMENDED.