Berry v. Bryson et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATIONS 4 . 7 Motion, 5 Motion for Writ of Mandamus, and 6 Motion are dismissed as moot. Clerk is directed to enter judgment of dismissal. Signed by Judge Lisa G. Wood on 6/13/17. (slt)

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?[Entteti States! IBisitrtct Conrt Jfor ^outliem Btsitrtct of (f^eorgta ^apttosiss Btbtoton DELWIN BERRY, Plaintiff, CIVIL ACTION NO.: 5:17-cv-35 V. BRYSON;EDWINA JOHNSON; AMMOS TAYLOR; WILLIAM DANFORTH;TOM GRAMIAK;TIMOTHY ALLEN WARD; and BRIAN OWENS, Defendants. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's May 5, 2017, Report and Recommendation, dkt. no. 4, to which Plaintiff failed to file Objections.^ Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. ^ Instead, Plaintiff filed a Petition for Writ of Mandamus, dkt. no. 5, and Motion to Correct Void Sentence, dkt. no. 6. However, even under the most liberal reading, Plaintiff's filings cannot be construed as Objections. Plaintiff makes no mention of the Magistrate Judge's Report and Recommendation, nor does it appear that any of these filings can be construed as a Motion for Leave to Proceed in Forma Pa uperis. A0 72A (Rev. 8/82) The Court DISMISSES WITHOUT PREJUDICE Plaintiff's Coinplaint, DENIES Plaintiff leave to appeal in forma pauperis, DISMISSES all pending motions as MOOT, and DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. SO ORDERED, this , 2017. HON. LISA >GODBB„-WOOD, JUDGE UNETED STATES DISTRICT COURT SoilTHERl/DISTRICT OF GEORGIA

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