SMITH v. BERRY

United States District Court for the Middle District of Georgia

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. § 636

to 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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