Thurman v. Jordan

Filing 31

ORDER adopting Report and Recommendations re 26 Report and Recommendations; adopting Report and Recommendations re 29 Report and Recommendations and denying 10 Motion for Preliminary Injunction; denying 12 Motion for Summary Judgment; denying 24 Amended Motion. Ordered by Judge C. Ashley Royal on 11/17/10 (lap)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION TYRONE THURMAN, : : Plaintiff, : : v. : : DAN JORDAN, Clerk, Superior Court : of Jasper County, : : Defendant. : ___________________________________ :

Case No.: 5:10-CV-22 (CAR)

42 U.S.C. § 1983

ORDER ON THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court are the United States Magistrate Judge's Recommendations [Docs. 26 and 29] to deny Plaintiff's Motion for Preliminary Injunction [Doc. 10] and to deny Plaintiff's Motion for Summary Judgment [Doc. 12 and as amended at Doc. 24]. Plaintiff has entered an Objection [Doc. 30] but does not make clear therein whether he takes issue with the first or second Recommendation or both. Regardless, the Objection is untimely as to the first Recommendation and presents inadequate grounds for modifying the second. Petitioner cannot prevail on summary judgment because he has not produced adequate evidence from which the Court can conclude that no genuine issues of material fact exist in this case. Upon de novo review of the Recommendations and after full consideration of the matter, therefore, the Court agrees with the findings of the United States Magistrate Judge. The Recommendations are MADE THE ORDERS OF THE COURT. As such, all of Plaintiff's Motions presently before the Court are hereby DENIED. SO ORDERED, this 17th day of November, 2010. S/ C. Ashley Royal C. ASHLEY ROYAL, JUDGE UNITED STATES DISTRICT COURT

THC