IN THE UNITED STATES DISTRICT COURT U.S. nIsTE □□ COURT FOR THE SOUTHERN DISTRICT OF GEORGIA Seeker □□□ 2020 SEP 2U A IE 33 AUGUSTA DIVISION LERKaL Hedge □□□□□ RUSSELL GAITHER, ) $0. DIS7. OY GA. ) Plaintiff, ) ) v. ) CV 120-094 ) SGT. JAMES DEAL, Warden; MARTY ) ALLEN, Warden; DEPUTY WARDEN ) SHEENA BLACK; and MR. ODGEN, ) ) Defendants. )

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which no objections have been filed. Accordingly, the Court DENIES Plaintiff's request to proceed in forma pauperis, (doc. no. 2), DENIES AS MOOT the motions for appointment of counsel and motion to amend, (doc. nos. 3, 5, 7), DISMISSES this action without prejudice, and CLOSES this civil action. If Plaintiff wishes to proceed with the claims raised in this lawsuit, he must initiate a new lawsuit, which would require submission of a new complaint. See Dupree v. Palmer,

(11th Cir. 2002), SO ORDERED te ay of September, 2020, at Augusta, Georgia.

/| RK Lh Me DS Z DAL HALL, CHIEF JUDGE □□ STATES DISTRICT COURT OUTHERN DISTRICT OF GEORGIA