Burton v. WYNNE et al

Filing 44

ORDER adopting Report and Recommendations re 35 Report and Recommendations; denying 16 Motion for Writ of Mandamus; denying 24 Motion to Dismiss.Ordered by Judge W. Louis Sands on 12/20/2012 (bcl)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
EDDIE JAMES BURTON,
Plaintiff,

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v.
Clerk of Court EVONNE MULL,
et al.,
Defendants.

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CASE NO.: 1:11-CV-179 (WLS)

ORDER
Before the Court is a Report and Recommendation from United States Magistrate
Judge Thomas Q. Langstaff, filed September 14, 2012. (Doc. 35). It is recommended
that Defendant’s Motion to Dismiss (Doc. 24) for failure to timely serve Defendant be
denied, and that Plaintiff’s Motion for Writ of Mandamus (Doc. 16) be dismissed. (Doc.
35 at 2-3). No objections were filed within the fourteen-day period provided pursuant to
28 U.S.C. § 636(b)(1). The objection period expired on September 28, 2012. (See Doc.
35 at 3; Docket).
Therefore, upon full review and consideration upon the record, the Court finds that said
Report and Recommendation (Doc. 35) should be, and hereby is, ACCEPTED,
ADOPTED and made the Order of this Court for reason of the findings made and
reasons stated therein. Accordingly, Defendant’s Motion to Dismiss (Doc. 24) and

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Plaintiff’s Motion for Writ of Mandamus (Doc. 16) are both hereby DENIED.
SO ORDERED, this 20th

day of December, 2012.
/s/
W. Louis Sands________________
THE HONORABLE W. LOUIS SANDS,
UNITED STATES DISTRICT COURT

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