Phillips v. Scully et al, No. 1:2022cv00125 - Document 16 (S.D. Ala. 2023)

Court Description: MEMORANDUM OPINION & ORDER ADOPTING 15 REPORT AND RECOMMENDATION. Plf's "Request for Extension of time to file Objections/for Counsel to be Appointed or leave to Amend" (Doc. 14 ) is GRANTED in part & DENIED in part as set out. Th e motion is DENIED as to the requests for leave to amend his complaint & for appointment of counsel. Plf's extension of time to file objections to the 12 Report & Recommendation is GRANTED. The deadline for Plf to file his objection to the R&R is EXTENDED to 5/5/2023. Signed by District Judge Terry F. Moorer on 4/21/23. (copy mailed to Plf on 4/21/23) (tot)

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Phillips v. Scully et al Doc. 16 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL BENJAMIN PHILLIPS, BCSCC # 20007708, Plaintiff, vs. WILLIAM E. SCULLY, JR., et al, Defendant. ) ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:22-cv-125-TFM-B MEMORANDUM OPINION AND ORDER On December 20, 2022, the Magistrate Judge filed a Report and Recommendation which recommends the Plaintiff’s hybrid motion for extension of time and for counsel to be appointed and/or leave to amend be granted in part and denied in part. See Doc. 15. The Report and Recommendation recommends the request for extension be granted but the reconsideration of the denial of the request for leave to amend and for appointment of counsel be denied. Id. No objections were filed. Accordingly, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge (Doc. 15) is ADOPTED as the opinion of the Court. Accordingly, Plaintiff’s “Request for Extention of time to file Objections/for Counsel to be Appointed or leave to Amend” (Docs. 14, 14-1) is GRANTED in part and DENIED in part. The motion is DENIED as to the requests for leave to amend his complaint and for appointment of counsel. Plaintiff’s request for an extension of time to file objections to the report and recommendation of the undersigned Magistrate Judge dated October 28, 2022 (Doc. 12) is GRANTED. The deadline for the Plaintiff Page 1 of 2 Dockets.Justia.com to file his objection to the Report and Recommendation (Doc. 12) is EXTENDED to May 5, 2023. No further extensions will be granted absent a showing of good cause. DONE and ORDERED this 21st day of April, 2023. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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