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)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION EDDIE JAMES BURTON, Plaintiff, : : : v. Clerk of Court EVONNE MULL, et al., Defendants. : : : : : : : : 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 1 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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?