Smith v. Fulwood et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATION: It is ORDERED that Magistrate Judge Seibert's 44 Report and Recommendation is ADOPTED; Respondent's 34 Motion to Dismiss, Motion for Summary Judgment is GRANTED; Petitioner's 19 Petitio n be DISMISSED and the Clerk is DIRECTED to enter judgment in favor of the Respondent and to STRIKE this case from the active docket of this Court. This Court hereby DENIES a certificate of appealability. Signed by District Judge John Preston Bailey on 6/15/15. (Attachments: # 1 Certified Mail Return Receipt)(copy Petitioner)(cnd) Modified relationship on 6/15/2015 (cnd).

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