Charest v. Ivey et al, No. 1:2020cv00214 - Document 34 (S.D. Ala. 2021)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 32 REPORT AND RECOMMENDATION. It is ORDERED that Plaintiff's Amended Complaint is DENIED. This case is REFERRED BACK to the Magistrate Judge for further proceedings as set out. Signed by District Judge Terry F. Moorer on 7/8/21. (skb) (Copy to Plaintiff 7/9/21)

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Charest v. Ivey et al Doc. 34 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PATRICK J. CHAREST, #182202, ) ) ) ) ) ) ) ) ) Plaintiff, vs. GOVERNOR KAY IVEY, et al., Defendants. CIV. ACT. NO. 1:20-cv-214-TFM-N MEMORANDUM OPINION AND ORDER On March 12, 2021, the Magistrate Judge entered a report and recommendation which recommends Plaintiff’s Amended Complaint be denied. See Doc. 32. Plaintiff timely filed objections. See Doc. 33. A review of Plaintiff’s objections reviews that he objects to the case being referred to the Magistrate Judge and her “usurpation of oath of office.” Those objections are without merit and overruled. Also, to the extent Plaintiff seeks appointment of counsel through his objections, that request is also denied. The remaining objections do not address the legal analysis of the recommendation, but merely reiterate Plaintiff’s belief that those conclusions are wrong. The Court disagrees and overrules his objections. Therefore, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge is ADOPTED. Accordingly, it is ORDERED that Plaintiff’s Amended Complaint (Doc. 26), which the Court construes as a Motion to Amend is DENIED and this case is still controlled by the original complaint. Page 1 of 2 Dockets.Justia.com This case is REFERRED BACK to the Magistrate Judge for further proceedings. DONE and ORDERED this 8th day of July, 2021. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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