Johnson v. State

Full title: TORRIEO MONTE JOHNSON, Plaintiff, v. STATE OF GEORGIA, ET. AL., Defendants

Court: United States District Court, M.D. Georgia, Valdosta Division

Date published: Sep 6, 2007

6:06-CV-49 (WLS), 7:07-cv-119 (WLS) (M.D. Ga. Sep. 6, 2007)

Opinion

6:06-CV-49 (WLS), 7:07-cv-119 (WLS).

September 6, 2007

ORDER

W. SANDS, Chief Judge

Before the Court is a Report and Recommendation from United States Magistrate Judge G. Mallon Faircloth (Doc. No. 33), filed April 19, 2007. It is recommended that Defendant Oliver Register's motion for summary judgment be granted. Neither Plaintiff, nor Defendant, has filed a timely objection.

Also pending, but not addressed by the Magistrate Judge is Plaintiff's motion for a writ of mandamus. (Doc. No. 35). As it appears that the writ is addressed to compel the action of the State of Georgia or its employees, and that the State has been dismissed and that the Magistrate Judge recommends the dismissal of the remaining claims, said motion should be denied as moot. Accordingly, Plaintiff's motion for a writ of mandamus (Doc. No. 35) is DENIED as moot.

Upon full consideration of the record, the Court finds that said Recommendation should be, and hereby is, ACCEPTED, ADOPTED and made the order of this Court for reason of the findings and reasons set out therein. Accordingly, Defendant's motion to dismiss (Doc. No. 22) is GRANTED and Plaintiff's motion for a wit of mandamus (Doc. No. 35) is DENIED as moot.

SO ORDERED