Stephen v. Bennett et al

Filing 43

ORDER ADOPTING 40 the Magistrate Judge's Report and Recommendations; GRANTING: 27 Defendants' Motion for Summary Judgment, filed by Ron Corbett, Wayne V. Bennett. Plaintiff's Complaint is DISMISSED, with prejudice. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 4/22/2011. (csr)

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

AARON L. STEPHEN,
Plaintiff,

CIVIL ACTION NO.: CV209-185

IN

WAYNE V. BENNETT and
RON CORBETT,
Defendants

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. Plaintiff Aaron Stephen ("Plaintiff') asserts in his Objections that he did
not receive notification from the Eleventh Circuit Court of Appeals that the appeal in his
criminal case was subject to dismissal. However, Plaintiff admits that he "completed
and signed" a Transcript Order Form certifying that he contacted the court reporter and
made satisfactory arrangements to pay for the transcript. In this regard, Plaintiff
seemingly alleges that he also filed a motion to proceed in forma paurperis on appeal,
which he considered "the only avenue of financial arrangement" of which he was aware.
(Doc. No. 42, p. 6). While the Court recognizes Plaintiff's purported unfamiliarity with
legal procedures, the Eleventh Circuit's dismissal of his appeal was not the result of
Defendants' actions or inactions.

AU 72A
(Rev. 8i2)

The undersigned notes Plaintiff's assertion that the Magistrate Judge erred by
finding that Plaintiff failed to present evidence that he pursued post-conviction matters in
his state court criminal proceedings. It is true that Plaintiff did not present evidence in
this regard, but, rather, the Defendants did. This distinction is of no moment, however,
because there is nothing before the Court indicating Plaintiff suffered any actual injury to
his post-conviction matters as a result of Defendants' alleged failure to provide an
adequate law library. In fact, the record shows that Plaintiff filed a timely motion to
withdraw his guilty plea in the Glynn County Superior Court, and the Honorable Stephen
Scarlett, Sr., granted Plaintiff's motion by order dated October 13, 2009. (Doc. No. 275, pp. 2-3).
Plaintiff's Objections are overruled. The Magistrate Judge's Report and
Recommendation is adopted as the opinion of the Court. Defendants' Motion for
Summary Judgment is GRANTED. Plaintiff's Complaint is DISMISSED, with prejudice.
The Clerk of Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED, this

1111 day of

,2011.

LISA GO BEY WOOD, CHIEF JUDGE
UNITED/ STATES DISTRICT COURT
SOUTE-IE RN DISTRICT OF GEORGIA

AU 72A
Rev. 8/82)

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