Colberth v. Warden Perry Correctional Institution

Filing 38

JUDGMENT in favor of Warden Perry Correctional Institution against Jeffrey Rahim Colberth. The Report and Recommendation of Magistrate Judge Bristow Marchant is incorporated. The respondents motion for summary judgment is granted, the petitioners motion for summary judgment is denied, and the petition is dismissed with prejudice. 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 Jeffrey R. Colberth, #244635
Plaintiff

v. Warden, Perry Correctional Institution
Defendant

) ) ) ) )

Civil Action No.

9:09-1621-JFA-BM

JUDGMENT IN A CIVIL ACTION The court has ordered that (check one): ' the plaintiff (name) recover from the defendant (name) the amount of dollars ($ ),

which includes prejudgment interest at the rate of costs.

%, plus postjudgment interest at the rate of

%, along with

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

O other: The Report and Recommendation of Magistrate Judge Bristow Marchant is incorporated. The

respondent's motion for summary judgment is granted, the petitioner's motion for summary judgment is denied, and the petition is dismissed with prejudice. 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.

O decided by the Honorable Joseph F. Anderson, United States District Judge.

Date: September 10, 2010

CLERK OF COURT Larry W. Propes

s/Heather Hillman
Signature of Clerk or Deputy Clerk

s/Heather Hillman Deputy Clerk