Bayo v. Scripture, No. 2:2011cv00286 - Document 6 (N.D. Ga. 2011)
Court Description: ORDER Approving and Adopting the 4 Final Report and Recommendation as the Opinion and Order of this Court. The Court finds that Judge Cole properly concluded that Defendant is not a state actor for purposes of a 42 U.S.C. § 1983 action. Theref ore, the Court concludes that the Complaint fails to state a claim on which relief may be granted and ORDERS that this action be DISMISSEDpursuant to 28 U.S.C. § 1915(e)(2). The Clerk shall close the case. Signed by Judge Richard W. Story on 11/28/11. (sk)
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Bayo v. Scripture Doc. 6 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA GAINESVILLE DIVISION MOUSTAPHA BAYO, Plaintiff, v. WILLIE JOE SCRIPTURE, d/b/a Southern Restaurant Management, Defendant. : : : : : : : : : : CIVIL ACTION NO. 2:11-CV-0286-RWS ORDER This case is before the Court for consideration of the Final Report and Recommendation [4] of Magistrate Judge Susan S. Cole. After reviewing the Report and Recommendation and Plaintiff’s Objections [5] thereto, the Report and Recommendation is received with approval and adopted as the Opinion and Order of this Court. The Court finds that Judge Cole properly concluded that Defendant is not a state actor for purposes of a 42 U.S.C. § 1983 action. Therefore, the Court concludes that the Complaint fails to state a claim on which relief may be granted and ORDERS that this action be DISMISSED pursuant to 28 U.S.C. § 1915(e)(2). The Clerk shall close the case. AO 72A (Rev.8/82) Dockets.Justia.com SO ORDERED, this 28th day of November, 2011. _______________________________ RICHARD W. STORY UNITED STATES DISTRICT JUDGE 2 AO 72A (Rev.8/82)
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