Curry v. State of Georgia et al

Filing 56

ORDER adopting the 54 Magistrate Judge's Report and Recommendation as the opinion of the Court; granting Plaintiff's 51 Motion to Dismiss without prejudice; denying as moot Defendant's 39 Motion for Summary Judgment; dismissing this case without prejudice; and closing this civil action. Signed by Judge J. Randal Hall on 8/24/2016. (jah)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION TERRANCE DEION CURRY, Plaintiff, CV 114-173 v. DEPUTY MICHAEL DAY, Defendant. 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 Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, GRANTS Plaintiffs motion to dismiss without prejudice, (doc. no. 51), under the conditions described in the Report and Recommendation, (doc. no. 54, pp. 5-6), and DEND2S AS MOOT Defendant's motion for summary judgment, (doc. no. 39). Upon the foregoing, the case is DISMISSED without prejudice and shall be CLOSED. SO ORDERED this^^^y ofAugust, 2016, at Augusta, Georgia. HONORABLE J. RANDAL HALL UNITED STATES DISTRICT JUDGE iRN DISTRICT OF GEORGIA

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