Goggins v. Boston, No. 1:2018cv02154 - Document 8 (N.D. Ga. 2018)

Court Description: OPINION AND ORDER ADOPTING the Magistrate Judge's 4 Final Report and Recommendation. This action is hereby DISMISSED pursuant to 28 U.S.C. § 1915A. Signed by Judge Amy Totenberg on 7/10/2018. (sap)

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Goggins v. Boston Doc. 8 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION LEE HAROLD GOGGINS, J R., Plaintiff, v. DISTRICT ATTORNEY SHERRY BOSTON, Defendant. : : : : : : : : : : : CIVIL ACTION NO. 1:18-cv-2154-AT-LTW ORD ER This m atter is before the Court on the Magistrate J udge’s Report and Recom m endation [Doc. 4] that Plaintiff’s pro se prison er civil rights action be dism issed pursuant to 28 U.S.C. § 1915A. The Magistrate J udge concluded that Plaintiff’s claim s are subject to dism issal because Defendant Boston has prosecutorial im m unity, Plaintiff’s m alicious prosecution claim is not ripe, and Plaintiff cannot challenge the conditions of his confinem ent under 42 U.S.C. § 1983. No objections have been filed in response to the Magistrate J udge’s Report and Recom m endation. Service copies of the Magistrate J udge’s Report and Recom m endation m ailed to Plaintiff have been return ed to the Clerk’s office as undeliverable. It appears that Plain tiff has been released from custody an d he Dockets.Justia.com has failed to keep the Court apprised of his m ost current address as required by NDGa Local Rule 41.2(B). In accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the Court has reviewed the Recom m endation for clear error and finds none. Magistrate J udge’s Accordingly, the Court AD OPTS the Magistrate J udge’s Report and Recom m endation as the opinion of the Court. For the reasons stated in Magistrate J udge’s Report an d Recom m endation, Plaintiff’s Com plain t is D ISMISSED pursuant to 28 U.S.C. § 1915A. IT IS SO ORD ERED this 10 th day of J uly, 20 18. _____________________________ Am y To te n be rg U n ite d State s D is trict J u d ge 2

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