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THOMPSON v. SMITH, CV512-134. (2013)

Court: District Court, S.D. Georgia Number: infdco20130606b22 Visitors: 13
Filed: Jun. 05, 2013
Latest Update: Jun. 05, 2013
Summary: ORDER LISA GODBEY WOOD, 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 Objections and various motions have been filed. 1 In his Objections, Petitioner Tony Thompson ("Thompson") asserts that this Court failed to reach the merits of his "true Federal Rule 60(b)(6) claims in Case No: 506-36(sic)[.]" (Doc. No. 21, p. 1). At the time the Magistrate Judge issued his Report, the
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ORDER

LISA GODBEY WOOD, 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 Objections and various motions have been filed.1 In his Objections, Petitioner Tony Thompson ("Thompson") asserts that this Court failed to reach the merits of his "true Federal Rule 60(b)(6) claims in Case No: 506-36(sic)[.]" (Doc. No. 21, p. 1). At the time the Magistrate Judge issued his Report, the Honorable William T. Moore, Jr., had not ruled on Thompson's Motion to Reopen filed in Case Number CV503-36. Judge Moore has since entered a ruling in that matter and determined Thompson presented nothing in his Motion which required the Court to reopen that case. (Case No. CV503-36, Doc. No. 77). As Judge Moore noted and to which the Magistrate Judge alluded, Thompson's filings in CV503-36 and this case are nothing more than his attempt to avoid the gatekeeping provisions of 28 U.S.C. § 2244(b) and the statute of limitations period of 28 U.S.C. § 2244(d).

Thompson's Objections are without merit and are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Thompson's Rule 60(b)(6) Motion is DENIED. Respondent's Motion to Dismiss and Thompson's Motion for Summary Judgment are DISMISSED as moot. As a necessary consequence, Thompson's Motion for Oral Judgment and Equitable Relief (Doc. No. 20), his Motion for Equitable Judgment (Doc. No. 26), and Motion for Declaration (Doc. No. 28) are DISMISSED as moot. The Clerk of Court is directed to enter the appropriate judgment of dismissal.

SO ORDERED.

FootNotes


1. The undersigned considered Document Number 19, which is entitled "Brief in Support of Petitioner's `Objections' to Respondent's Opposition to Petitioner's Motion for Summary Judgment Doc. # 13", as it was filed after the Magistrate Judge entered his Report.
Source:  Leagle

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