Holmes v. Kemp et al

Filing 22

ORDER granting 11 Motion to Dismiss; adopting Report and Recommendations re 20 Report and Recommendation; dismissing 1 Writ of Habeas Corpus. Ordered by Judge Hugh Lawson on 9/26/2008. (nbp)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION : TYRON MARK HOLMES, : : Petitioner : : Civil Action No. v. : 5:07-CV-269 (HL) : STEPHEN ROBERTS, WARDEN, and : JAMES E. DONALD, COMM'R, GDOC, : : Respondents ORDER Before the Court is the Magistrate Judge's Report and Recommendation ("R&R") (Doc. 34), which recommends granting Respondent's Motion to Dismiss (Doc. 11) and dismissing Petitioner's Writ of Habeas Corpus (Doc. 1). Pursuant to 28 U.S.C. 636(b)(1), the Court has thoroughly considered Petitioner's Objection and has made a de novo determination of the portion of the R&R to which Petitioner objects. After careful consideration, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. SO ORDERED, this the 26th day of September, 2008 s/ Hugh Lawson HUGH LAWSON, Judge wj c

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