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Williams v. Adams

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION
Jan 4, 2021

BRIAN K. EPPS UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA

MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Plaintiff, incarcerated at Smith State Prison in Glennville, Georgia, brought the above-captioned civil case and is proceeding pro se and in forma pauperis. Before the Court is Plaintiff's motion for entry of default against Defendant Warden Adams. (Doc. no. 13.) Plaintiff claims the U.S. Marshals Serviced served Warden Adams with the summons and complaint on June 29, 2020. (Id.) Plaintiff's complaint must be screened before any claims may proceed. Phillips v. Mashburn, 746 F.2d 782, 785 (11th Cir. 1984); Al-Amin v. Donald, 165 F. App'x 733, 736 (11th Cir. 2006) (per curiam). Because such a screening has not yet occurred, the Court has not ordered the U.S. Marshals Service to serve Defendant, and the U.S. Marshals Service has not served Defendant. For these reasons, the Court REPORTS and RECOMMENDS Plaintiff's motion for entry of default be DENIED. (Doc. no. 13.)

SO REPORTED AND RECOMMENDED this 4th day of January, 2021, at Augusta, Georgia.

/s/_________

BRIAN K. EPPS

UNITED STATES MAGISTRATE JUDGE

SOUTHERN DISTRICT OF GEORGIA