Sprayberry v. Hart et al

Filing 47

ORDER denying 35 Motion for Summary Judgment; denying 38 Motion for Summary Judgment; adopting Report and Recommendations re 41 Report and Recommendations.; denying 45 Motion ; granting 15 Motion to Dismiss; denying 19 Motion to Dismiss. Ordered by Judge Hugh Lawson on 3/13/2009. (nbp)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION : HUBERT SPRAYBERRY, : : Plaintiff, : : Civil Action No. v. : 7:08-CV-27 (HL) : J. DARRELL HART and JACK : MELTON, : : Defendants. ORDER Before the Court is the Magistrate Judge's Report and Recommendation ("R&R") (Doc. 41), which recommends granting Defendants' Motion to Dismiss (Doc. 15) and denying Plaintiff's Motion for Summary Judgment (Doc. 35 and 38). Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered Plaintiff's untimely Objection and has made a de novo determination of the portions of the R&R to which Plaintiff objects. After careful consideration, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. Accordingly, Plaintiff's Motion to Dismiss Defendants' Motion to Dismiss (Doc. 19) and Plaintiff's Motion to Proceed (Doc. 45) are denied.

SO ORDERED, this the 13th day of March, 2009.

s/ Hugh Lawson HUGH LAWSON, Judge
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