[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
MARCH 15, 2007
No. 06-13524
THOMAS K. KAHN
CLERK
D. C. Docket No. 05-02569 CV-TWT-1
CARA WILLIAMS,
Plaintiff-Appellant,
versus
JACQUELINE BARRETT,
JOHN DOE NO. 1,
JOHN DOE NO. 2,
JOHN DOE NO. 3,
JANE DOE NO. 1., et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Northern District of Georgia
(March 15, 2007)
Before DUBINA and COX, Circuit Judges, and SCHLESINGER,* District Judge.
______________
*Honorable Harvey E. Schlesinger, United States District Judge for the Middle District of
Florida, sitting by designation.
PER CURIAM:
Appellant Cara Williams filed a complaint pursuant to 42 U.S.C. § 1983 in
the United States District Court for the Northern District of Georgia, alleging that
her constitutional rights were violated during her incarceration in the Fulton
County, Georgia, jail. In her complaint, Williams named Sheriff Jacqueline
Barrett, as well as six unidentified sheriff’s deputies, as defendants. Without
permitting any discovery in the case, the district court granted Barrett’s motion to
dismiss for failure to state a claim upon which relief can be granted. See Fed. R.
Civ. P. 12(b)(6). Williams then perfected this appeal.
After reviewing the record, reading the parties’ briefs, and having the
benefit of oral argument, we conclude that the district court abused its discretion
by not permitting Williams any discovery in this case before granting the Rule
12(b)(6) motion to dismiss. Accordingly, we vacate the district court’s judgment
of dismissal and remand this case with directions that the court permit the parties’
to engage in discovery.
VACATED and REMANDED.
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