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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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