Burgess v. Padula et al

Filing 15

JUDGMENT: The Report and Recommendation of Magistrate Judge Robert S. Carr is adopted and incorporated.The petition is dismissed without prejudice and without issuance of service of process. The Petitioner shalltake nothing on his petition filed pursuant to Title 42 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 Charles Antoine Burgess
Petitioner

v. Warden Padula, South Carolina Department of Corrections
Respondent

) ) ) ) )

Civil Action No.

2:10-cv-2333-RMG

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.

The petition is dismissed without prejudice and without issuance of service of process. The Petitioner shall take nothing on his petition filed pursuant to Title 42 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.

O decided by the Honorable Richard M. Gergel, United States District Judge. Date: December 20, 2010 CLERK OF COURT

Larry W. Propes

s/H. Hillman
Signature of Clerk or Deputy Clerk