Opinion
CV 419-301
03-15-2022
VICTOR JERRY TURNER, Plaintiff, v. GEORGIA DEPARTMENT OF CORRECTION; GEORGIA DEPARTMENT OF PROBATION AND PAROLE BOARD; CHATHAM COUNTY DISTRICT ATTORNEY'S OFFICE; and JACKSON STATE PRISON, Defendants.
ORDER
After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation ("R&R"), to which objections have been filed. The R&R recommends dismissal of Plaintiff's Complaint as untimely. (Doc. No. 7.) Plaintiff's objections appear to argue that the statute of limitations should have been tolled on the grounds of his alleged "mental [and] emotional disorder." (Doc. No. 12.)
The R&R also explains why Plaintiff failed to state any viable claims. (Doc. No. 7 at 5, n.3).
Georgia Law applies to the tolling of the statute of limitations in this case. See Meyer v. Gwinnett County, 636 Fed.Appx. 487, 489 filth Cir. 2016); Salas v. Pierce, 297 Fed.Appx. 874, 877 (11th Cir. 2008) (citing Wallace v. Kato, 549 U.S. 384, 393-96 (2007)). O.C.G.A. § 9-3-90 provides that mental incompetency will toll the limitations period. "[T]he test to be applied is whether the one claiming the disability has such unsoundness of mind . . . as to incapacitate one from managing the ordinary business of life." Meyer, 636 Fed.Appx. at 489 (quoting Martin v. Herrington Mill, LP, 730 S.E.2d 164, 166 (Ga.Ct.App. 2012)). Plaintiff does not present any evidence or allegation beyond that he suffered a "mental [and] emotional disorder." On this conclusory statement alone, it cannot be said that Plaintiff is incapable of managing the ordinary business of life. See Id. (reviewing Georgia cases and concluding that one must at least allege an inability to manage one's affairs in order to invoke the tolling provisions of O.C.G.A. § 9-3-90).
Accordingly, Plaintiffs objection (doc. no. 12) is OVERRULED. The Court hereby ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion and DISMISSES this case WITHOUT PREJUDICE. The CLERK is DIRECTED to CLOSE this case.
ORDER ENTERED.