United States District Court, S.D. Georgia, Statesboro Division
October 6, 2014
ERIC WILLIAMS, Plaintiff,
STANLEY WILLIAMS, Warden; JAMES DEAL, Deputy Warden; ERIC SMOKES, Unit Manager, and KATHY MARTIN, Officer, Defendants.
B. AVANT EDENFIELD, District Judge.
After an independent and de novo review of the entire record, the Court concurs with the Magistrate Judge's Report and Recommendation ("R&R"), to which objections have been filed. Accordingly, the R&R is adopted as the opinion of the Court.
Plaintiff Eric Williams has also filed a Motion for Leave to File an Amended Complaint. ECF No. 28. Federal Rule of Civil Procedure 15(a) provides that "[a] party may amend its pleading once as a matter of course within twenty-one days after serving it, or within 21 days after service of a responsive pleading or 21 days after service of a motion under Rule 12(b), (e), or (f), whichever is earlier." Fed.R.Civ.P. 15(a)(1). Plaintiff's Motion was filed September 5, 2014, which was eighty-seven days after Defendants filed their Motion to Dismiss. See ECF Nos. 16, 28. Therefore, the Court denies the Motion as untimely.
The R&R is adopted as the opinion of the Court. Defendants' Motion to Dismiss is GRANTED, and Plaintiff's request to amend his complaint is DENIED.