Halsey v. Owens et al

Filing 22

ORDER ADOPTING 12 Report and Recommendations of the Magistrate Judge. Plaintiff's objections are without merit. Plaintiff's case is dismissed, without prejudice. The Clerk is directed to enter an appropriate Judgment of Dismissal. Signed by Chief Judge Lisa G. Wood on 3/31/2014. (ca)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA WAYCROSS DIVISION THOMAS HALSEY, Plaintiff, CIVIL ACTION NO.: CV513-096 V. BRIAN OWENS, Commissioner; THERESA LINDSEY; TAMMY G. STANKOWITZ; and CONTREICA DAWSON, Defendants ORDER After an independent review of the record, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed. In his objections, Plaintiff reasserts that "defendants are not exempt from acknowledging the law in the performance of their job" in calculating credit time to which Plaintiff claims he is entitled. As noted in the Magistrate Judge's Report, this claim must be pursued through habeas corpus proceedings. Further, Plaintiff states that he has only one case in this Court other than this one, which would qualify as a "strike." Plaintiffs belief that he is allowed "three strikes" in each court is incorrect. The Prison Litigation Reform Act pertains to civil actions brought in "a court of the United States." AO 72A (Rev. 8/82) Plaintiffs objections are without merit. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Plaintiffs case is DISMISSED, without prejudice. The Clerk of Court is hereby authorized and directed to enter an appropriate Judgment of Dismissal. SO ORDERED, this JL day of 2014. UNITED AE DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA 2 AO 72A (Rev. 8/82)

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