Opinion
Civil Action 5:21-cv-72
06-02-2022
RONNIE DALE MOORE, JR., Plaintiff, v. WARE COUNTY JAIL MEDICAL STAFF WARE COUNTY JAIL; and FEDERAL COURT SYSTEM-UNITED STATES MARSHALS, in their official capacities, Defendants.
ORDER
HON. LISA GODBEY WOOD, JUDGE
This matter is before the Court on Plaintiff's Objections to the Magistrate Judge's Report and Recommendation dated May 11, 2022. Dkt. No. 16. In the Report, the Magistrate Judge recommended the Court dismiss Plaintiff's Complaint in its entirety. Dkt. No. 15. The Magistrate Judge recommended dismissal because Plaintiff failed to state a claim. Specifically, the Magistrate Judge found Plaintiff failed to make any factual allegations against any of the named Defendants and, thus, failed to state a claim. Id.
Plaintiff now objects to the Magistrate Judge's Report. Dkt. No. 16. Plaintiff argues his Complaint was not liberally construed and he should be permitted to amend his Complaint. Id. at 2-3. Plaintiff's argument is unpersuasive. No amount of liberal construction could have saved Plaintiff's Complaint. Plaintiff's Complaint was devoid of factual allegations against the named Defendants and failed to name any other individuals in his Complaint. Instead, he merely gives vague descriptions of actions of unnamed individuals. Dkt. No. 1 at 5, 7-8. Thus, the Magistrate Judge correctly concluded Plaintiff failed to state a claim and that his Complaint should be dismissed for that reason. Hassan v. Brennan, No. 1:16-CV-162, 2017 WL 4385327, at *3 (N.D.Ga. Oct. 3, 2017) ("[A] pro se complaint must comply with the threshold requirements of the Federal Rules of Civil Procedure[] and must properly state a claim upon which relief can be granted."). Accordingly, the Court OVERRULES this portion of Plaintiff's Objections.
To the extent Plaintiff argues the Magistrate Judge was required to order him to amend, rather than dismiss his Complaint, Plaintiff offers no support for this argument. The Court is not aware of any law that requires the Magistrate Judge to sua sponte order an amended complaint as opposed to recommending dismissal when conducting frivolity review. Moreover, Plaintiff has not moved for leave to amend and Plaintiff has not provided an Amended Complaint to the Court for review. Thus, Plaintiff's Objections in this respect are meritless.
In sum, after an independent and de novo review of the entire record, the Court CONCURS with the Magistrate Judge's Report and Recommendation, ADOPTS the Report and Recommendation as the opinion of the Court, and OVERRULES Plaintiff's Objections. The Court DISMISSES Plaintiff's Complaint, DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal, ar.d DENIES Plaintiff in forma pauperis status on appeal.
SO ORDERED.