Knight v. Coastal State Prison

Full title: ROBERT KNIGHT, JR, Plaintiff, v. COASTAL STATE PRISON, et al., Defendants.

Court: United States District Court, Middle District of Georgia

Date published: Apr 16, 2024

Civil Action 5:23-cv-00494-TES-CHW (M.D. Ga. Apr. 16, 2024)

Opinion

Civil Action 5:23-cv-00494-TES-CHW

04-16-2024

ROBERT KNIGHT, JR, Plaintiff, v. COASTAL STATE PRISON, et al., Defendants.

TILMAN E. SELF, III, JUDGE

ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S RECOMMENDATION

TILMAN E. SELF, III, JUDGE

Before the Court is the United States Magistrate Judge's Order and Recommendation [Doc. 6] regarding Defendants' Collective Motion to Dismiss [Doc. 5]. Defendants did not file an objection within the 14-day period prescribed by 28 U.S.C. § 636(b)(1)(C), so the Court reviews the Recommendation for clear error. See 28 U.S.C. § 636(b)(1)(C) in connection with Fed.R.Civ.P. 6(a)(1) & (d). Finding no error, the Court ADOPTS the Recommendation [Doc. 6] and MAKES IT THE ORDER OF THE COURT.

Accordingly, the Court DENIES Defendants' Collective Motion to Dismiss [Doc. 5]. Because the Court has not yet screened Plaintiff's action under 28 U.S.C. § 1915A(a), Plaintiff's failure to serve Defendants is not a proper basis to dismiss Plaintiff's Complaint at this time.

SO ORDERED.