Opinion
CASE NO. CV409-50.
October 19, 2009
ORDER
Before the Court is the Magistrate Judge's Report and Recommendation (Doc. 3), to which objections have been filed (Doc. 5). After a careful de novo review, the Court concurs with the Magistrate Judge's Report and Recommendation. Accordingly, the Report and Recommendation is ADOPTED as the Opinion of this Court. This case is DISMISSED. The Clerk of Court is DIRECTED to close this case.
Defendant's primary objection relies on the erroneous assertion that a grant of parole is equivalent to the vacation of prior conviction. (Doc. 5.) However, it is well-established under Georgia law that this is not the case. See Johnson v. Walls, 185 Ga. 177, 178, 194 S.E. 380, 382 (1937).
As this case is to be closed, all pending motions (Docs. 8, 9, 10) are DISMISSED AS MOOT.
SO ORDERED.