United States District Court, Southern District of Georgia, Brunswick Division
January 16, 2015
ERIC WATKINS, Plaintiff,
D. HUDSON, Associate Warden, Defendant.
LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff filed Objections. Defendant filed a Response, and Plaintiff filed a Reply. In his Objections, Plaintiff asserts that he was not required to raise the claims in this case in Case Number CV212-37 because the claims are independent of each other. Plaintiff contends that the facts of this case do not arise out of the same nucleus of operative facts as those that were the basis of his complaint in CV212-37.
Despite Plaintiffs contentions, the events of October 29, 2009, set forth in his Complaint in this case arise out of the same nucleus of operative facts as those alleged in the complaint in CV212-37. Plaintiff could have brought the claims of this cause of action in CV212-37, and his failure to do so bars his Complaint in this cause of action.
Plaintiff's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Defendant's Motion to Dismiss is GRANTED. Plaintiff's Amended Complaint is DISMISSED, with prejudice. The Clerk of Court is directed to enter the appropriate judgment of dismissal.