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)

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 § 1983 claim
for

malicious

prosecution

requires

that

underlying

prosecution "terminated in the plaintiff accused's favor"