Summary
The United States District Court for the Middle District of Georgia adopted a magistrate judge’s Report and Recommendation after conducting a de novo review. The court overruled the plaintiff’s objections and denied her request to amend the complaint because the request was improperly embedded in the objections.
Holdings
- A request for leave to amend a complaint embedded within an opposition or other filing that does not properly raise the amendment issue is procedurally improper; Plaintiff's embedded request for leave to amend was therefore denied.
- The court approved, adopted, and made the magistrate judge's Report and Recommendation the Order of the Court after de novo review, finding Plaintiff's objections meritless.
Questions Presented
- Whether Plaintiff's objections to the magistrate judge's Report and Recommendation had merit.
- Whether Plaintiff's request for leave to amend her complaint, embedded in her objections to the Report and Recommendation, was properly presented.
Disposition
other
Cases Cited (2)
- Rosenberg v. Gould, 554 F.3d 962, 967 (11th Cir. 2009)(followed)
- Posner v. Essex Insurance Co., 178 F.3d 1209, 1222 (11th Cir. 1999)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…