Martin v. Wilkes et al

Filing 12

ORDER adopting the 10 Magistrate Judge's Report and Recommendation as the opinion of the Court; dismissing Plaintiff's complaint for failure to state a claim upon which relief can be granted; directing the Clerk to close this civil action; and determining that, if Plaintiff desires to challenge the validity of his July 2005 state convictions, he must file a petition pursuant to 28 U.S.C. § 2254. Signed by Judge J. Randal Hall on 3/28/2017. (jah)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

NICHOLAS MARTIN,

Plaintiff,
CV 116-190

v.

SCOTT WILKES; THE STATE; and
CATONGA FLETCHER,
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. Accordingly,
the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion,
DISMISSES Plaintiffs complaint for failure to state a claim upon which relief can be

granted, and DIRECTS the Clerk to CLOSE this civil action. If Plaintiff desires to challenge

the validity of his July 2005 state conviction, he must file a petition pursuant to 28 U.S.C.
§ 2254.

SO ORDERED this rQ E™day of A/(fUtJ<

2017, at Augusta, Georgia.

&_
HONORABLE J. RANDAL HALL

UNITED STAJTES DISTRICT JUDGE
iRN DISTRICT OF GEORGIA