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Waldrip v. Commissioner, Georgia Department of Corrections

United States Court of Appeals, Eleventh Circuit

July 11, 2014

TOMMY LEE WALDRIP, Plaintiff - Appellant,
v.
COMMISSIONER, GEORGIA DEPARTMENT OF CORRECTIONS, WARDEN, GEORGIA DIAGNOSTIC AND CLASSIFICATION PRISON, OTHER UNKNOWN EMPLOYEES AND AGENTS, Georgie Department of Corrections, Defendants - Appellees

Appeal fro the United States District Court for the Northern District of Georgia. D.C. Docket No. 1:14-cv-02119-WCO.

For Tommy Lee Waldrip, Plaintiff - Appellant: Jeffrey Lyn Ertel, Nicole Kaplan, Gerald Wesley King Jr., Federal Defender Program, Inc., Atlanta, GA.

For Warden, Georgia Diagnostic Prison, OTHER UNKNOWN EMPLOYEES AND AGENTS, Georgia Department of Corrections, Commissioner, Georgia Department of Corrections, Defendants - Appellees: Beth Attaway Burton, Sabrina Graham, Mitchell Philip Watkins, Dana Elizabeth Weinberger, Georgia Department of Law, Atlanta, GA.

Before HULL, WILSON and PRYOR, Circuit Judges.

OPINION

Page 1263

WILSON, Circuit Judge:

Petitioner Tommy Lee Waldrip appeals the district court's order granting Defendants' Motion to Dismiss his 42 U.S.C. § 1983 action and Motion for Temporary Restraining Order and Stay of Execution. On July 9, 2014, the Georgia State Board of Pardons and Paroles commuted Waldrip's sentence to life without parole. Accordingly, Waldrip's appeal is moot and is hereby DISMISSED.


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