Fuller v. Terry

Filing 61

ORDER granting 55 Motion to Dismiss, adopting 60 Report and Recommendations, and finding that Certificate of Appealability is not appropriate. Ordered by Judge Clay D. Land on 4/16/2011 (tlf).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
LEO FULLER,

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Petitioner

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vs.

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WILLIAM M. TERRY,

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CASE NO. 4:09-CV-54 (CDL)
Respondent

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ORDER ON REPORT AND RECOMMENDATION
This matter is before the Court pursuant to a Recommendation
of the United States Magistrate Judge entered on March 2, 2011.
Neither party has filed an objection to this Recommendation as
permitted by 28 U.S.C. ' 636(b)(1), and therefore, the Court reviews
the Recommendation for plain error.

Finding no plain error or

manifest injustice, the Court adopts the Recommendation of the
Magistrate Judge and makes it the order of this Court.
The Court also adopts the Magistrate Judge's recommendation
that a Certificate of Appealability is not appropriate.
IT IS SO ORDERED, this 14th day of April, 2011.

s/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE