Welch v. Mann

Filing 10

ORDER AND OPINION ADOPTING the Magistrate Judge's 6 Final Report and Recommendation. This action is hereby DISMISSED without prejudice. Signed by Judge Amy Totenberg on 3/2/2018. (sap)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION PATRICK C. WELCH, DeKalb Cty. ID #X0497515, Petitioner, v. JEFFERY MANN, DeKalb County, Respondent. : : : : : : : : : : : CIVIL ACTION NO. 1:17-CV-4622-AT-JCF ORDER This matter is before the Court on the Magistrate Judge’s Report and Recommendation [Doc. 6] that Petitioner’s § 2254 petition for habeas corpus be dismissed without prejudice as a result of Petitioner’s failure to comply with the Court’s lawful orders requiring him to pay the $5.00 filing fee and to keep the Court informed of his current address. No objections have been filed in response to the Magistrate Judge’s Report and Recommendation. Therefore, in accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the Court has reviewed the Magistrate Judge’s Recommendation for clear error and finds none. Accordingly, the Court ADOPTS the Magistrate Judge’s Report and Recommendation as the opinion of the Court. For the reasons stated in Magistrate Judge’s Report and Recommendation, Petitioner’s action is DISMISSED WITHOUT PREJUDICE. IT IS SO ORDERED this 2nd day of March, 2018. _____________________________ Amy Totenberg United States District Judge 2

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