Jaheni v. Smith et al

Filing 19

ORDER adopting 17 Report and Recommendations. Therefore, Thurbert E. Baker is dismissed as an improper party Resp; pet's motion to amend is Granted in part; the 2254 motion is Denied, this civil acation is Closed and final judgment shall be entered in favor of Resp Smith. Signed by Judge J. Randal Hall on 1/5/09. (cmr)

iN THE UNITED STATES DISTRICT COURT FOR THE SOUTHER DISTRICT OF GEORGIA AUGUSTA DIVISION SOPHONIAS OTHELLO JAHENI, Petitioner, V. HUGH SMITH, Warden, and THURBERT E. BAKER, Attorney General for the State of Georgia, Respondents. CV 107-075

ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Thurbert E. Baker is DISMISSED as an improper party Respondent; Petitioner's motion to amend is GRANTED IN PART; the § 2254 petition is DENIED; this civil action is CLOSED; and a final judgment shall be ENTERED in favor of Respondent Smith. SO ORDERED this <-_1 day of January, 2009, at Augusta, Georgia.

HALL UATES DISTRICT JUDGE