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Jones v. Cape

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

September 15, 2014

CLYDE KENNARD JONES, et al., Plaintiff,
v.
WILLIAM BILLY CAPE, et. al., Defendant.

ORDER

MARC T. TREADWELL, District Judge.

Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 36). The Magistrate Judge recommends granting the Defendants' motions to dismiss the Complaint (Docs. 4, 8, 9) because the Plaintiffs allege no redressible injury under federal law to confer jurisdiction to this Court and thus lack standing. Moreover, the Plaintiff Dylan Thomas has a writ of habeas corpus pending in this Court, so the Court will not construe the Complaint as a successive petition under 28 U.S.C. ยง 2254. The Magistrate Judge also recommends dismissing the Plaintiffs' motions to strike the motions to dismiss (Docs. 7, 14, 19, 26) and motion for default judgment (Doc. 13) because the Court lacks jurisdiction to grant the relief sought and that the Complaint should be dismissed. The Plaintiffs objected to the Recommendation.[1] (Doc. 37). The Court has thoroughly considered the Plaintiffs' objections and has made a de novo determination of the portions of the Recommendation to which the Plaintiffs object.

The Court has reviewed the Recommendation and accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. Therefore, the Defendants' motions to dismiss are GRANTED, and the Plaintiffs' motions to strike the motions to dismiss and the Plaintiffs' motion for default judgment are DENIED.

SO ORDERED.


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