Wilson v. Henderson

Full title: Danny Joseph WILSON, Plaintiff, v. Tony HENDERSON, et. al, Defendants

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

Date published: Dec 8, 2010

CIVIL ACTION NO. 5:10-CV-312 (MTT) (M.D. Ga. Dec. 8, 2010)

Opinion

CIVIL ACTION NO. 5:10-CV-312 (MTT).

December 8, 2010

ORDER

MARC TREADWELL, District Judge

This matter is before the Court on the Report and Recommendation (the "Recommendation") (Doc. 11) of United States Magistrate Judge Charles H. Weigle. The Magistrate Judge, having reviewed the Plaintiff's complaint (Doc. 1) pursuant to 28 U.S.C. § 1915A(a) (b), recommends dismissing the claims against Defendants Clerk Rosemary Fordham Phillips, Deputy Clerk Kathy Cowart, and Jaimie Blackwell because the Plaintiff did not timely file his habeas petitions. The Magistrate Judge also recommends dismissing Defendants Tony Henderson and Deputy Warden Sharon Shavers because there is insufficient evidence to support supervisor liability. The Plaintiff did not file an objection to the Recommendation.

The Court has reviewed the Recommendation, and the Recommendation is adopted and made the order of this Court. The claims against the Defendants Phillips, Cowart, Blackwell, Henderson, and Shavers are DISMISSED. The claims against the remaining Defendants shall remain pending.

SO ORDERED, this the 8^th day of December, 2010.