Marshall v. White et al

Filing 6

ORDER adopting the 4 Magistrate Judge's Report and Recommendation as the opinion of the Court; dismissing this case without prejudice; closing this civil action; and determining that the Court will address Plaintiff's claims in his newly filed petition in CV 116-088. Signed by Judge J. Randal Hall on 7/21/2016. (jah)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

ZAMFIRA D. MARSHALL,

Plaintiff,
CV 116-057

v.

PARK WHITE, District Attorney, et al.,
Defendants.

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. Rather than
file an amended complaint, Plaintiff has elected to file a petition for a writ of habeas corpus

under 28 U.S.C. § 2254 in a new case. See Marshall v. Coffee Corr. Facility, CV 116-088,

doc. no. 1, (S.D. Ga. June 24, 2016). Accordingly, the Court ADOPTS the Report and
Recommendation of the Magistrate Judge as its opinion, DISMISSES this case without

prejudice, and CLOSES this civil action. The Court will address Plaintiffs claims in his
newly filed petition in CV 116-088.

SO ORDERED thi&»?7 day ofJuly, 2016, at Augusta, Georgia.

H0N0R-^fcE7. RANDAL HALL
UNITED/STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA