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Stephens v. Access Secure Pak Remington Returns Center

United States District Court, S.D. Georgia, Augusta Division

January 12, 2015

EDWIN DARNELL STEPHENS, Plaintiff,
v.
ACCESS SECURE PAK REMINGTON RETURNS CENTER, et al., Defendants.

ORDER

RANDAL HALL, District Judge.

Plaintiff, an inmate incarcerated at Augusta State Medical Prison in Grovetown, Georgia, filed the above-captioned case pursuant to 42 U.S.C. ยง 1983. On November 17, 2014, the Magistrate Judge issued a Report and Recommendation ("R&R") in which he recommended dismissal of this case because Plaintiff had failed to state a claim upon which relief can be granted. (Doc. no. 11.) Plaintiff was also instructed that any objections to the R&R had to be filed no later than December 4, 2014. (Doc. no 12.) As no objections to the R&R were received by the deadline, the Court adopted the R&Ron December 10, 2014. (Doc. no. 13.)

On January 5, 2015, the Clerk's Office received a filing by Plaintiff, dated November 26, 2014, and postmarked January 3, 2015. (See doc. no. 15.) Because Plaintiff opposes the R&R in his filing, the Court will construe this filing as Plaintiffs objections. (See generally id.) Additionally, because the objections are dated November 26, 2014, in an abundance of caution, the Court will address Plaintiffs objections to the R&R. (Id.) Thus, the Court VACATES its December 10th Adoption Order.

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed, (doc. no. 15). None of Plaintiffs objections provide any reason to depart from the conclusions in the R&R. As a result, the Court OVERRULES Plaintiffs objections. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiffs amended complaint for failure to state a claim upon which relief can be granted, and CLOSES this civil action.

SO ORDERED.


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