Miller v. Walker

Filing 10

ORDER adopting 3 Report and Recommendations; finding as moot 8 Motion to Compel; denying 9 Motion to Set Aside ; denying as moot 2 Motion for Leave to Proceed in forma pauperis; dismissing this civil action; and this civil aciton stands closed. Signed by Judge J. Randal Hall on 07/16/09. (thb)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION TRACY ANTHONY MILLER, Petitioner, CV 108-168 VICTOR WALKER, Warden, Respondent.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Petitioner's petition filed pursuant to 28 U.S.C. § 2241 is DISMISSED, his motion to proceed IFP is DENIED as MOOT, and this civil action is CLOSED.1 SO ORDERED this l"y of July, 2009, at Augusta, Georgia.

J.NDAL HALL UNtIED STATES DISTRICT JUDGE

1 Petitioner filed a motion to set aside the Report and Recommendation pursuant to Fed. R. Civ. P. 60(b). (Doc. no. 9). As the Report and Recommendation is not a final judgment, Petitioner's motion is DENIED. Petitioner's remaining pending motion (a motion to compel) is MOOT. (Doc. no. 8)