Opinion
Civil Action 6:22-CV-00007
02-23-2023
TRAY DEWAYNE GREEN, Petitioner, v. BOBBY LUMPKIN, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
DREW B. TIPTON UNITED STATES DISTRICT JUDGE
Pending before the Court is the July 25, 2022 Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Julie K. Hampton. (Dkt. No. 22). Magistrate Judge Hampton made findings and conclusions and recommended that Respondent's Motion to Dismiss be granted. (Id. at 1). Magistrate Judge Hampton further recommended that the Court deny a Certificate of Appealability. (Id.).
The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). Here, no timely objection was filed. Instead, after the deadline to submit objections had passed, on September 6, 2022, Plaintiff filed a “Memorandum of Law” in which he recounts his original petition. (Dkt. No. 24).
In accordance with 28 U.S.C. § 636(b)(1)(C), the Court is required to “make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made.” After conducting this de novo review, the Court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id.; see also Fed.R.Civ.P. 72(b)(3).
The Court has carefully considered de novo those portions of the M&R to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendations for plain error. Finding no error, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that:
(1) Magistrate Judge Hampton's M&R, (Dkt. No. 22), is ACCEPTED and ADOPTED in its entirety as the holding of the Court; and
(2) Defendants' Motion to Dismiss, (Dkt. No. 19), is GRANTED.
It is SO ORDERED.