STERN v. FEDERAL BUREAU OF PRISONS

Filing 52

ORDER ADOPTING 49 Report and Recommendations. Plaintiff's objections are OVERRULED. The Clerk shall enter judgment accordingly. Signed by Judge Anthony A. Alaimo on 11/9/2009. (csr)

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In the Entteb 6tatto ;Diztrtct Court for the boutbern Otztrtct of Ororgta Bninthick itii5ion -E? fYi RONALD STERN, : CIVIL ATLQ L OF Plaintiff, I Defendant. ORDER FEDERAL BUREAU OF PRISONS, NO. CV209-37 On October 5, 2009, Magistrate Judge James S. Graham entered a report and recommendation suggesting dismissal of Plaintiff's case. Judge Graham concluded that the prisoner's argument, that the Bureau of Prisons should not have set a restitution payment schedule, was procedurally defaulted because it was not raised on direct appeal. After an independent review of Stern's objections to the Magistrate Judge's findings, the Court concurs with the Magistrate Judge's suggested disposition of the case and hereby ADOPTS the report and recommendation as the order of the Court. Plaintiff's objections are OVERRULED. Dkt. No.'. 51. The Clerk shall enter judgment accordingly. SO ORDERED, this 9th day of November, 2009. JUDGE, UNI'ED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA AO 72A (Rev 8/82) 'QA 4YL Q

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