Jones v. Georgia State of et al

Filing 6

ORDER adopting Report and Recommendations re 5 Report and Recommendation.; denying as moot 2 Motion for Leave to Proceed in forma pauperis. Signed by Honorable Timothy D. DeGiusti on 2/18/2015. (mb)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
CHRISTOPHER A. JONES,
Plaintiff,
v.
STATE OF GEORGIA, and
WARDEN OF CENTRAL STATE PRISON,
Defendants.

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Case No. CIV-15-49-D

ORDER
Plaintiff’s complaint [Doc. No. 1] alleges that he is a citizen of Oklahoma City and that he
presently resides at the Central State Prison in Macon Georgia. The complaint purports to bring
claims for relief pursuant to 42 U.S.C. § 1983. In accordance with 28 U.S.C. § 636(b)(1)(B) and
(C), the matter was referred to United States Magistrate Judge Suzanne Mitchell for initial
proceedings. In a Report and Recommendation [Doc. No. 5] issued on January 23, 2015, the
Magistrate Judge conducted an initial review of the complaint and recommended that Plaintiff’s
claims be summarily dismissed without prejudice to refiling. The Magistrate Judge determined the
relief requested by Plaintiff – that his Georgia state conviction be overturned – is not available in
an action brought pursuant to § 1983 and instead must be brought in an action for federal habeas
corpus relief. The Magistrate Judge further determined Plaintiff’s motion for in forma pauperis
status [Doc. No. 2] should be denied as moot.
The Magistrate Judge specifically advised Plaintiff of his right to object to the findings and
recommendations set forth therein. She further advised Plaintiff that his failure to timely object
would constitute a waiver of his right to appellate review of the factual and legal matters in the
Report and Recommendation. Plaintiff’s deadline for filing objections was February 12, 2015. To

date, Plaintiff has not filed an objection to the Report and Recommendation or sought an extension
of time in which to do so. Accordingly, the Court adopts the Report and Recommendation in its
entirety.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 5] is
ADOPTED in its entirety and Plaintiff’s complaint is summarily DISMISSED WITHOUT
PREJUDICE to refiling.
IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to Proceed In Forma Pauperis
[Doc. No. 2] is DENIED as moot.
IT IS SO ORDERED this 18th day of February, 2015.

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