Opinion
CIVIL ACTION NO.: CV507-022.
July 2, 2007
ORDER
After an independent review of the record, the Court concurs with the Magistrate Judge's determination that Plaintiff's complaint should be dismissed. Plaintiff filed his objections to the Magistrate Judge's Report and Recommendation, wherein he largely reasserts the factual contentions of his complaint. (Doc. No. 6).
Plaintiff references Case Numbers 2:07cv022, 5:07cv218, and 5:07cv026 in the style of his objections. Case Number 2:07cv022 is the former file number of this case before it was transferred from the Brunswick Division to the Waycross Division of this Court. (2:07cv022, Doc. No. 2). Case Number 5:07cv026 was closed on May 14, 2007. (5:07cv026, Doc. No. 12). Case Number 5:07cv218 does not exist in this Court.
Plaintiff's contentions are without merit. Because his claim challenges the indictment upon which his criminal conviction was based, it is not the proper subject of a suit under 42 U.S.C. § 1983. Defendant may not collaterally attack his conviction through the vehicle of a civil suit. Instead, a habeas action is the proper method to obtain such post-conviction relief. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of this Court. Plaintiff's Complaint is hereby DISMISSED. The Clerk of Court is hereby authorized and directed to enter an appropriate Judgment of Dismissal.
SO ORDERED.