Johnson v. Deal et al

Filing 10

ORDER ADOPTING re 7 Report and Recommendations, dismissing this case with prejudice. Signed by Judge William T. Moore, Jr on 8/30/17. (loh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION MAURICE LAVELL JOHNSON, Plaintiff, CASE NO. CV417-105 V. NATHAN DEAL, Governor for the State of Georgia, and EMILY U. S. DISTRICT COURT Southern District of GA PUHALA, Assistant District Filed In Office Attorney, M Defendants. ^uty CTeS ORDER Before the Court is the Magistrate Judge's Report and Recommendation filed (Doc. (Doc. 9). 7), After a to which careful objections de novo have review been of the record, the Court concludes that Plaintiff's objections are without merit. Accordingly, the report and recommendation is ADOPTED as the Court's opinion in this case with the following modification: Plaintiff's complaint is DISMISSED WITH PREJUDICE. On August 7, 2017, Plaintiff pled guilty to the offenses that formed the basis of his malicious prosecution claim. As a result, Plaintiff is now precluded from obtaining relief in this case. See Wood v. Kesler, 323 F.3d 872, 881-82 (11th Cir. 2003) (noting that ยง 1983 claim for malicious prosecution requires that underlying prosecution "terminated in the plaintiff accused's favor"

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