United States District Court, Southern District of Georgia, Waycross Division
January 16, 2015
JERRY ROLLINS OGLESBY, Petitioner,
Sheriff GREG NOBELS, Long County; Sheriff STEVE C. SIKES, Liberty County; and Sheriff RANDY F. ROYAL, Ware County, Respondents.
LISA GODBEY WOOD, CHIEF JUDGE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner Jerry Oglesby ("Oglesby") filed Objections. In his Objections, Oglesby sets forth several allegations that he did not make in his original petition. This Court's usual practice is to not entertain arguments and/or materials submitted for the first time in objections to a report and recommendation. Williams v. McNeil. 557 F.3d 1287 (11th Cir. 2009). However, even considering these new allegations, Oglesby presents no grounds for relief in this Court, either pursuant to 28 U.S.C. § 2254 or 42 U.S.C. § 1983, as the Magistrate Judge concluded.
Oglesby has also filed a Motion for Voluntary Dismissal of Randy Royal. Oglesby asserts that the conditions of confinement at the Ware County Jail have improved, and his claims against Randy Royal should be dismissed with prejudice. Oglesby's Motion is GRANTED, Oglesby's section 1983 conditions of confinement claims against Randy Royal are DISMISSED.
Oglesby's Objections are overruled. The Magistrate Judge's Report and Recommendation, with the exception of the recommended disposition of Plaintiff's 42 U.S.C. § 1983 conditions of confinement claims against Randy Royal, is adopted as the opinion of the Court. Oglesby's pleading, docketed as being brought pursuant to 28 U.S.C. § 2241, is DISMISSED, without prejudice. The Clerk of Court is directed to enter the appropriate judgment of dismissal.