Opinion
2:20-CV-175-WKW [WO]
08-19-2022
DARREN LAVON SMILEY, Petitioner, v. GWENDOLYN GIVENS and STEVEN T. MARSHALL, Respondents.
ORDER
W. KEITH WATKINS, UNITED STATES DISTRICT JUDGE
On July 14, 2022, the Magistrate Judge filed a Recommendation (Doc. # 12), recommending dismissal of this action with prejudice and ordering that any objections be filed by July 28, 2022. No party filed a timely objection, and on August 8, 2022, the recommendation was adopted and this action was dismissed with prejudice. (Docs. # 13, 14.) A week later on August 15, 2022, Petitioner's objection was received. The objection contains a motion for extension of time. (Doc. # 15.)
It is ORDERED that Petitioner's motion for extension of time to file an objection (Doc. # 15) is GRANTED. Having reviewed the objection and having conducted a de novo review of the record, the court concludes that the Magistrate Judge's recommendation is correct.
It is therefore ORDERED:
1. The Order (Doc. # 13) and Final Judgment (Doc. # 14) entered on August 8, 2022, are VACATED;
2. Petitioner's objection (Docs. # 15) is OVERRULED;
3. The Recommendation (Doc. # 12) is ADOPTED; and
4. This case is DISMISSED with prejudice.
A final judgment will be entered separately.