Jackson v. Beasley

S.D. Georgia

Jackson v. Beasley

DecidedJanuary 8, 2025

Docket6:24-cv-00038

StatusUnknown

This text of Jackson v. Beasley (Jackson v. Beasley) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Jackson v. Beasley, (S.D. Ga. 2025).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION MARCUS JACKSON, ) Plaintiff, v. CV 624-038 JACOB BEASLEY, Warden, and SGT. WILSON, ) Defendants.

ORDER

Plaintiff, incarcerated at Smith State Prison in Glennville, Georgia, filed this case pursuant to 42 U.S.C. § 1983. On October 17, 2024, the Magistrate Judge entered a Report and Recommendation (“R&R”) recommending dismissal of Plaintiff's amended complaint for failure to state a claim upon which relief may be granted. (Doc. no. 15.) Objections to the R&R were due no later than November 4, 2024. (Doc. no. 16.) Having received no objections to the R&R by the November 4th deadline, the Court adopted the R&R as its opinion on November 15, 2024. (Doc. no. 18.) On December 23, 2024, the Clerk of Court received Plaintiff’s objections to the R&R via mail, which were signed and dated October 30, 2024. (Doc. no. 21.) Although Plaintiffs objections did not reach the Court by the objection deadline, using Plaintiff's signature date of October 30, 2024, and granting him the benefit of the “mailbox rule,” the Court accepts the objections. See Houston v. Lack, 487 U.S. 266, 276 (1988)

(deeming prisoner document filed on the date of delivery to prison officials for mailing); United States v. Glover, 686 F.3d 1203, 1205 (11th Cir. 2012) (“Unless there is evidence to the contrary . .. we assume that a prisoner’s motion was delivered to prison authorities on the day he signed it.”). Thus, the Court VACATES the adoption order and judgment entered on November 15, 2024. (Doc. nos. 18, 19.) After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s R&R, to which objections have been filed. (Doc. no. 21.) The Court finds Plaintiff's objections unavailing. Accordingly, the Court OVERRULES Plaintiff's objections, ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiff's amended complaint for failure to state a claim upon which relief may be granted, and CLOSES this civil action. SO ORDERED this 3gvh day of ‘ HORS , at Augusta, Georgia.

HONORABLE J. RANDAL HALL UNITED STATES DISTRICT JUDGE SOU RN DISTRICT OF GEORGIA

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION MARCUS JACKSON, ) Plaintiff, v. CV 624-038 JACOB BEASLEY, Warden, and SGT. WILSON, ) Defendants.

ORDER

Plaintiff, incarcerated at Smith State Prison in Glennville, Georgia, filed this case pursuant to 42 U.S.C. § 1983. On October 17, 2024, the Magistrate Judge entered a Report and Recommendation (“R&R”) recommending dismissal of Plaintiff's amended complaint for failure to state a claim upon which relief may be granted. (Doc. no. 15.) Objections to the R&R were due no later than November 4, 2024. (Doc. no. 16.) Having received no objections to the R&R by the November 4th deadline, the Court adopted the R&R as its opinion on November 15, 2024. (Doc. no. 18.) On December 23, 2024, the Clerk of Court received Plaintiff’s objections to the R&R via mail, which were signed and dated October 30, 2024. (Doc. no. 21.) Although Plaintiffs objections did not reach the Court by the objection deadline, using Plaintiff's signature date of October 30, 2024, and granting him the benefit of the “mailbox rule,” the Court accepts the objections. See Houston v. Lack, 487 U.S. 266, 276 (1988)

(deeming prisoner document filed on the date of delivery to prison officials for mailing); United States v. Glover, 686 F.3d 1203, 1205 (11th Cir. 2012) (“Unless there is evidence to the contrary . .. we assume that a prisoner’s motion was delivered to prison authorities on the day he signed it.”). Thus, the Court VACATES the adoption order and judgment entered on November 15, 2024. (Doc. nos. 18, 19.) After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s R&R, to which objections have been filed. (Doc. no. 21.) The Court finds Plaintiff's objections unavailing. Accordingly, the Court OVERRULES Plaintiff's objections, ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES Plaintiff's amended complaint for failure to state a claim upon which relief may be granted, and CLOSES this civil action. SO ORDERED this 3gvh day of ‘ HORS , at Augusta, Georgia.

HONORABLE J. RANDAL HALL UNITED STATES DISTRICT JUDGE SOU RN DISTRICT OF GEORGIA

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