Seymour v. Philbin et al

Filing 35

ORDER adopting Report and Recommendations re 18 Report and Recommendations.Ordered by Judge Hugh Lawson on 12/07/2010. (nbp)

Seymour v. Philbin et al

Doc. 35

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF GEORGIA V A L D O S T A DIVISION C H A R L E S SEYMOUR, P la in tiff, C iv il Action 7:10-CV-38 (HL) v. D e p u ty Warden TED PHILBIN, et. al., Defendants. ORDER T h is case is before the Court on a Recommendation from United States M a g is tra te Judge Thomas Q. Langstaff (Doc. 18), entered on November 2, 2010. T h e Magistrate Judge recommends that Defendants Nickle be dismissed from this a c tio n and that Plaintiff's challenge to his conviction be dismissed. P la in tiff has filed an objection (Doc. 32) to the recommendation to dismiss D e fe n d a n t Nickle. The Court has made a de novo review of the portions of the R e c o m m e n d a tio n to which objection has been made. After careful consideration, the C o u r t accepts and adopts the findings, conclusions, and recommendations of the M a g is tra te Judge. Defendants Nickle is dismissed from this action. As Plaintiff has not made an objection to the recommendation to dismiss the c h a lle n g e to his conviction, the Court reviews that recommendation for clear error o n ly . The Court finds no clear error in the Magistrate Judge's recommendation, and a c c e p ts and adopts the recommendation. Plaintiff's challenge to his conviction is d is m is s e d .

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SO ORDERED, this the 7 th day of December, 2010.

s / Hugh Lawson HUGH LAWSON, SENIOR JUDGE m bh

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