JONES et al v. CAPE et al

Filing 39

ORDER ADOPTING 36 Report and Recommendations; GRANTING 4 , 8 and 9 Defendants' Motions to Dismiss; DENYING 7 , 14 , 19 and 26 Plaintiffs' Motions to Strike; and DENYING 13 Plaintiffs' Motion for Default Judgment. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 9/15/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
CLYDE KENNARD JONES, et al.,
Plaintiff,
v.
WILLIAM BILLY CAPE, et. al.,
Defendant.

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CIVIL ACTION NO. 5:14-CV-145 (MTT)

ORDER
Before the Court is the Recommendation of Magistrate Judge Stephen Hyles.
(Doc. 36). The Magistrate Judge recommends granting the Defendants’ motions to
dismiss the Complaint (Docs. 4, 8, 9) because the Plaintiffs allege no redressible injury
under federal law to confer jurisdiction to this Court and thus lack standing. Moreover,
the Plaintiff Dylan Thomas has a writ of habeas corpus pending in this Court, so the
Court will not construe the Complaint as a successive petition under 28 U.S.C. § 2254.
The Magistrate Judge also recommends dismissing the Plaintiffs’ motions to strike the
motions to dismiss (Docs. 7, 14, 19, 26) and motion for default judgment (Doc. 13)
because the Court lacks jurisdiction to grant the relief sought and that the Complaint
should be dismissed. The Plaintiffs objected to the Recommendation.1 (Doc. 37). The
Court has thoroughly considered the Plaintiffs’ objections and has made a de novo
determination of the portions of the Recommendation to which the Plaintiffs object.

1

The Court notes that the Plaintiffs also amended their complaint and submitted the amendment
concurrently with their Objection. Because the amendment was not filed properly pursuant to Fed. R. Civ.
P. 15, the Court does not recognize the amended complaint as valid.

The Court has reviewed the Recommendation and accepts and adopts the
findings, conclusions, and recommendations of the Magistrate Judge. Therefore, the
Defendants’ motions to dismiss are GRANTED, and the Plaintiffs’ motions to strike the
motions to dismiss and the Plaintiffs’ motion for default judgment are DENIED.
SO ORDERED, this 15th day of September, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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