SMITH v. BERRY
SMITH v. BERRY
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION TERRANCE SMITH, Plaintiff, CIVIL ACTION NO. v. 5:22-cv-00014-TES-CHW Warden WALTER BERRY, et al., Defendants.
ORDER ADOPTING RECOMMENDATION
On March 8, 2022, the United States Magistrate Judge issued his Recommendation [Doc. 12] to deny Plaintiff Terrance Smith’s Motion to Show Cause & Temporary Restraining Order [Doc. 6] without prejudice to his right to refile at a later time. Plaintiff never filed an objection1 to the Recommendation, and the time period prescribed by
28 U.S.C. § 636to file an objection has expired. See
28 U.S.C. § 636(b)(1)(C) in connection with Fed. R. Civ. P. 6(a)(1) & (d). Having reviewed the Recommendation [Doc. 12] for clear error, the Court ADOPTS it and MAKES IT THE ORDER OF THE COURT. Accordingly, Plaintiff’s Motion to Show Cause & Temporary Restraining Order [Doc. 6] is DENIED. SO ORDERED, this 14th day of April, 2022.
1 Plaintiff filed a Motion to Amend to Add Defendants and Request Class Certification [Doc. 13], but this Motion does not constitute an objection. See Garner v. Baker, 5:21-cv-281 (MTT),
2021 WL 4391211, at *1 (M.D. Ga. Sept. 24, 2021) (“[A] motion to amend does not constitute an objection[.]”). S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Reference
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