Garcia v. Bostick State Prison et al

Filing 32

ORDER granting 21 Motion to Dismiss; denying 24 Motion to Dismiss Complaint; adopting Report and Recommendations re 30 Report and Recommendations.; adopting Report and Recommendations re 31 Report and Recommendations.Ordered by Judge C. Ashley Royal on 1/21/10 (lap)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION JOSE GARCIA, Plaintiff, v. RALPH BATTLE, Warden Defendant. __________________________________ : : : : : : : : :

Case No.: 5:08cv309 (CAR)

ORDER ON THE UNITED STATES MAGISTRATE JUDGE'S ORDER AND RECOMMENDATION Before the Court are the United States Magistrate Judge's Recommendations [Docs. 30 and 31] to grant Defendant Battle's Motion to Dismiss and deny Plaintiff's motions seeking dismissal and courtappointed counsel. Plaintiff has not filed an objection to either Recommendation. Having considered the matter, the Court agrees with the Recommendations. In accordance with the Recommendations, Defendant's Motion to Dismiss [Doc. 21] is GRANTED; Plaintiff's motion seeking dismissal [Doc. 24] is DENIED; and Plaintiff's motion seeking courtappointed counsel [Doc. 28] is DENIED AS MOOT . Accordingly, the Recommendations are HEREBY ADOPTED AND MADE THE ORDERS OF THE COURT.

SO ORDERED, this 21st day of January, 2010.

S/ C. Ashley Royal C. ASHLEY ROYAL UNITED STATES DISTRICT JUDGE

SSH