Simmons v. Eagleton

Filing 16

JUDGMENT: The Report and Recommendation of Magistrate Judge Robert S. Carr is adopted and incorporated. This petition is dismissed without prejudice and without issuance and service of process as this court is without jurisdiction to consider it. The petitioner shall take nothing on his petition filed pursuant to Title 28 U.S.C. § 2254. (hhil, )

AO 450 (SCD 04/2010) Judgment in a Civil Action

UNITED STATES DISTRICT COURT
for the District of South Carolina Darren S. Simmons
Petitioner

v. Willie L. Eagleton, Warden
Respondent

) ) ) ) )

Civil Action No.

2:110-cv-2025-RMG-RSC

JUDGMENT IN A CIVIL ACTION The court has ordered that (check one): ' the petitioner (name) recover from the respondent (name) the amount of dollars ($ %, along with ),

which includes prejudgment interest at the rate of costs.

%, plus postjudgment interest at the rate of

' the petitioner recover nothing, the action be dismissed on the merits, and the respondent (name) recover costs from the petitioner (name) .

O other: The Report and Recommendation of Magistrate Judge Robert S. Carr is adopted and incorporated.

This petition is dismissed without prejudice and without issuance and service of process as this court is without jurisdiction to consider it. The petitioner shall take nothing on his petition filed pursuant to Title 28 U.S.C. § 2254.
This action was (check one): ' tried by a jury, the Honorable ' tried by the Honorable presiding, and the jury has rendered a verdict. presiding, without a jury and the above decision was reached.

Odecided by the Honorable Richard Mark Gergel, United States District Judge Date: October 26, 2010 CLERK OF COURT

Larry W. Propes

s/Heather Hillman
Signature of Clerk or Deputy Clerk

s/Heather Hillman Deputy Clerk