Citation Codes Equivalent Citations citation codes Docket Number NO. 5:07-CV-136 (HL), PROCEEDINGS UNDER 42 U.S.C. § 1983. Motions Motion to amend : Granted Judges CLAUDE HICKS JR., Magistrate Judge Acts The Public Health And Welfare — Civil Rights — Generally — Civil Action For Deprivation Of Rights Judiciary And Judicial Procedure — United States Magistrate Judges — Court Officers And Employees — Jurisdiction, Powers, And Temporary Assignment See more information ... Smart Summary Please sign up to generate summary. TONY JACKSON, Plaintiff v. SERGEANT STEVENS, et al., Defendants. ORDER AND RECOMMENDATION CLAUDE HICKS JR., Magistrate Judge Plaintiff TONY JACKSON herein has filed a motion to amend his complaint to include an additional defendant. Tab #7. Since this is Plaintiff's first proposed amendment and no defendant has filed any responsive pleading, Plaintiff's motion to amend his complaint and add as a defendant JAMES DONALD is GRANTED as a matter of course. Fed.R.Civ.P. 15(a) However, the plaintiff's allegations against Donald are based solely on Donald's supervisory capacity, and actions cannot be brought pursuant to § 1983 under the theory of respondeat superior. Geter v. Wille , 846 F.2d 1352 (11th Cir. 1988). Accordingly, IT IS RECOMMENDED that JAMES DONALD be DISMISSED from this action. Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this RECOMMENDATION with the district judge to whom this case is assigned WITHIN TEN (10) DAYS after being served with a copy thereof. SO ORDERED AND RECOMMENDED.