Dollar v. Carter et al

Filing 54

ORDER ADOPTING 52 Report and Recommendations and GRANTING 21 Motion to Dismiss Complaint. Ordered by Judge Marc Thomas Treadwell on 7/26/2011. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WESLEY EUGENE DOLLAR,

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Plaintiff,
v.
WARDEN ALAN CARTER, et al.,
Defendants.

CIVIL ACTION NO. 5:10-CV-208 (MTT)

ORDER
This case is before the Court on the Recommendation (Doc. 52) of United States
Magistrate Judge Charles H. Weigle on the Motion to Dismiss filed by the Defendants in
this case (Doc. 21). In the Recommendation, the Magistrate Judge recommends
dismissing the Plaintiff’s case because his claims were already adjudicated in the
Superior Court of Wilcox County, Georgia. Therefore, the Plaintiff’s claims are barred
by res judicata. The Plaintiff has objected to the Recommendations (Doc. 53).
Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered Plaintiff’s
Objection and has made a de novo determination of the portions of the
Recommendation to which Plaintiff objects.
The Court accepts and adopts the findings, conclusions and recommendations of
the Magistrate Judge. The Recommendation is adopted and made the order of this
Court. The Motion to Dismiss (Doc. 21) is GRANTED.
SO ORDERED, this the 26th day of July, 2011.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jch