Glenn v. Strength et al

Filing 37

ORDER ADOPTING REPORT AND RECOMMENDATION for 33 Report and Recommendation, that the Plaintiff's complaint is DISMISSED for failure to state a claim upon which relief can be granted, and this case is CLOSED. Signed by Judge J. Randal Hall on 12/16/11. (jah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
JONATHAN CORNELIUS GLENN,

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Plaintiff,
V.

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RONALD STRENGTH, Sheriff, et al.,
Defendants.

CV 111-075

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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, Plaintiff's complaint is DISMISSED for failure to state a claim upon which relief can
be granted, and this case is CLOSED.'
SO ORDERED this ____

of Decembej,-O4.1, 4t7Autsty3eorgia.

-LE J. 4'bAL HALL
HO
UNITED STATES DISTRICT JUDGE
SOU{ERN DISTRICT OF GEORGIA

'As noted in the Report and Recommendation, although Plaintiff has filed a pending
interlocutory appeal regarding the denial of his request for a preliminary injunction (doc. no. 22),
the Court retains jurisdiction to dismiss Plaintiff's complaint. See. e. g ., State of Alabama v.
Envtl. Prot. Agenc y, 871 F.2d 1548, 1553-54 (llth Cir. 1989) (holding district court retained
jurisdiction to grant summary judgment and to dismiss suit despite pending interlocutory appeal
of district court's issuance of preliminary injunction) (citing United States v. White, 846 F.2d
678,693 n.23 (11 th Cir. 1988) (explaining that pending interlocutory appeal did not divest district
court ofjurisdiction over motion to dismiss indictment)); Hamer v. Campbell 358 F.2d 215, 223
(5th Cir. 1966) (holding that denial of preliminary injunction and filing of interlocutory appeal
did not divest district court ofjurisdiction over supplemental complaint) (quoting United States
v. Lynd, 321 F.3d 26, 28 (5th Cir. 1963) ("[A]n appeal from the denial or granting of a
preliminary injunction should not ordinarily delay the final trial of the case on its merits.")).