Davis v. Boggs

Filing 14

ORDER ADOPTING 9 The Magistrate Judge's Report and Recommendations. Plaintiff's Objections are overruled; Plaintiff's Complaint is DISMISSED for failure to state a claim upon which relief may be granted. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 5/10/2011. (csr)

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

SAMMY DAVIS,
Plaintiff,
:

V.

CIVIL ACTION NO.: CV5I1-022

MICHAEL P. BOGGS, Judge,
Ware Superior Court,
Defendant.

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" were filed. Plaintiff attached to his Objections a Memorandum from
Superior Court Judge Michael Boggs. This document reveals that Plaintiffs requested
relief from the state court was denied because Plaintiff did not file a motion for his
requested relief and because Plaintiff is being represented by counsel. This
Memorandum does not reveal that Judge Boggs acted in the clear absence of
jurisdiction.
Plaintiffs Objections are overruled. The Magistrate Judge's Report and
Recommendation is adopted as the opinion of the Court. Plaintiff's Complaint is

AD 72A
(Rev. /2)

DISMISSED for failure to state a claim upon which relief may be granted. The Clerk of
Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED, this (0 da

2011.

LISA GØDBEY WOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOIYfHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8.82)