Summary
In McLaughlin v. Nichols, 13 Abb. Pr. 244, the distinction between actions upon judgments of courts of general and limited jurisdiction was pointed out, and the court declared that the complaint upon a judgment of a foreign court of inferior jurisdiction must set forth the facts showing that the court had jurisdiction of the subject-matter and of the person of the defendant.
Summary of this case from American Cutlery Co. v. AlexanderOpinion
CASE NO. 4:12-CV-52 (CDL)
08-23-2012
DWIGHT NICHOLS, Petitioner, v. GREGORY MCLAUGHLIN, Respondent.
ORDER ON REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE
After a de novo review of the record in this case, the Report and Recommendation filed by the United States Magistrate Judge on July 21, 2012, recommending dismissal of Petitioner's Petition as untimely, is hereby approved, adopted, and made the Order of the Court with one exception as noted below.
The objections of the Petitioner have been considered and are found to be without merit. The objection of Respondent, which does not affect the ultimate disposition of this matter, has been considered and is sustained. Respondent is correct that the "mail box rule" applied by the Magistrate in his Report and Recommendation has not been adopted by the Georgia Courts under the circumstances presented here. Accordingly, that part of the Magistrate's analysis is incorrect. However, this error does not change the fact that Petitioner's claim is untimely and must be dismissed.
IT IS SO ORDERED, this 23rd day of August, 2012.
____________
CLAY D. LAND
UNITED STATES DISTRICT JUDGE