King v. Hutto et al, No. 7:2006cv00057 - Document 54 (M.D. Ga. 2008)
Court Description: ORDER dismissing without prejudice 44 Motion for Summary Judgment; dismissing without prejudice 48 Motion for Final Judgment. Ordered by Judge Hugh Lawson on 9/29/2008. (nbp)
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King v. Hutto et al Doc. 54 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION : CHRISTOPHER SINTEL KING, : : Plaintiff : : Civil Action No. v. : 7:06-CV-57 (HL) : JAMES PHILLIPS, : : : Defendants. ORDER On September 26, 2008, the Court entered an order (Doc. 53) rejecting the Magistrate Judge’s Report and Recommendation (“R&R”). The order effectively left pending Plaintiff’s Motion for Summary Judgement (Doc. 44) and Motion for Final Judgement (Doc. 48). Therefore, Plaintiff’s Motion for Summary Judgement and Motion for Final Judgement are dismissed without prejudice. The Plaintiff may properly and timely re-file his motions, after which the Magistrate Judge shall give notice to Defendant in accordance with Griffith v. Wainwright, 772 F.2d 882, 825 (11th Cir. 1985) (In a rule 56 motion an adverse party should “be given express, ten-day notice of the summary judgement rules, of his right to file affidavits or other material in opposition to the motion, and the consequences of default.”) Dockets.Justia.com SO ORDERED, this the 29th day of September, 2008 s/ Hugh Lawson HUGH LAWSON, Judge wjc
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