Beaubrun v. Dodge State Prison

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA DUBLIN DIVISION spp ene □□□□ THONY BEAUBRUN, juL 12 2024 Plaintiff, ) ) FILED v. ) CV 324-043 DODGE STATE PRISON; LIEUTENANT BRAY; and ) OFFICER BENTLEY, ) Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which no objections have been filed. In his response to the Report and Recommendation, Plaintiff explains □□□ is no longer necessary” to continue with this case because the Eleventh Circuit Court of Appeals has reinstated his appeal in a prior case, Beaubrun v. Dodge State Prison, No. 3:22-cv-00097, doc. no. 62 (S.D. Ga. June 25, 2024) (“CV 322-097"). Plaintiff, therefore, has no objection to the recommendation for dismissal of the instant case. (See doc. no. 8.) Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DENIES Plaintiff's request to proceed in forma pauperis, (doc. no. 4), and “Motion to Acknowledge Court Fees Payment and Credit Previous Payments,” (doc. no. 5), DISMISSES this action without prejudice, and CLOSES this civil action. The Court recognizes Plaintiffs stated intent to pursue his claims via the pending appeal in CV 322-

097, but should he wish to proceed with the claims in the instant case in the future, he must initiate a new lawsuit, which would require submission of a new complaint. See Dupree v. Palmer, 284 F.3d 1234, 1236 (11th Cir. 2002).

SO ORDERED this / ae day of July, 2024, at Augusta, Georgia.

ds Le wlth, Chee 7 □ UNITED STATES DISTRICT JU