Opinion
1:23-cv-656 (GLS/DJS)
09-27-2023
DAYSHAUN JONES, Plaintiff, v. MATTHEW ELLIS, Defendant.
FOR THE PLAINTIFF: Dayshaun Jones Pro Se
FOR THE PLAINTIFF: Dayshaun Jones Pro Se
ORDER
Gary L. Sharpe, Senior District Judge
The above-captioned matter comes to this court following a Report-Recommendation and Order (R&R) by Magistrate Judge Daniel J. Stewart, duly filed September 8, 2023. (Dkt. No. 10.) Following fourteen (14) days from the service thereof, the Clerk has sent the file, including any and all objections filed by the parties herein.
No objections having been filed, and the court having reviewed the 2 R&R for clear error, it is hereby
On September 21,2023, plaintiff filed another amended pleading, which suffers from similar infirmities to his first two. (Dkt. No. 11.) The R&R, however, did not afford plaintiff leave to amend, nor did he seek leave of the court to do so. Accordingly, the Clerk is directed to strike that filing.
ORDERED that the Report-Recommendation and Order (Dkt. No. 10) is ADOPTED in its entirety; and it is further
ORDERED that the Clerk is directed to STRIKE plaintiff's second amended complaint (Dkt. No. 11); and it is further
ORDERED that plaintiff's amended complaint (Dkt. No. 8) is DISMISSED in its entirety; and it is further
ORDERED that the clerk is directed to close this case; and it is further
ORDERED that the Clerk provide a copy of this Order to plaintiff in accordance with the Local Rules of Practice.
IT IS SO ORDERED.