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Smith v. State

United States District Court, S.D. Georgia, Waycross Division

September 22, 2014

ALEXANDER T. SMITH, Plaintiff,
v.
STATE OF GEORGIA and DWAYNE H. GILLIS, Chief Judge, Waycross Judicial Circuit, Defendants.

ORDER

LISA GODBEY WOOD, Chief District Judge.

After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff filed Objections. In his Objections, Plaintiff asserts that Defendant Gillis, a superior court judge, violated his rights. Plaintiff also asserts that he named the State of Georgia as a Defendant not as a "person" but as Defendant Gillis' employer. Plaintiff further asserts that, at the time he filed his Objections, his motion for new trial was being conducted in Coffee County, and this Court should not dismiss his claims.

Plaintiff does not set forth any facts which establish liability under 42 U.S.C. ยง 1983 against either Defendant. Should Plaintiffs motion for new trial or a future attempt to otherwise overturn his conviction be successful, it would be at that time that a district court could entertain Plaintiff's claims for monetary damages.

Plaintiff's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Plaintiff's Complaint is DISMISSED based on his failure to state a claim upon which relief may be granted. The Clerk of Court is directed to enter the appropriate udgment of dismissal.

SO ORDERED.


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