ASKEW v. BURNETTE, 5:13-CV-55 (MTT). (2014)
Court: District Court, M.D. Georgia
Number: infdco20140429b58
Visitors: 15
Filed: Apr. 28, 2014
Latest Update: Apr. 28, 2014
Summary: ORDER MARC T. TREADWELL, District Judge. Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 14). The Magistrate Judge recommends granting the Respondent's motion to dismiss (Doc. 7) because the Petitioner did not file his 28 U.S.C. 2254 petition within the one-year period of limitations and failed to establish entitlement to equitable tolling. The Petitioner did not object to the Recommendation. The Court has reviewed the Recommendation, and the Recommendation
Summary: ORDER MARC T. TREADWELL, District Judge. Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 14). The Magistrate Judge recommends granting the Respondent's motion to dismiss (Doc. 7) because the Petitioner did not file his 28 U.S.C. 2254 petition within the one-year period of limitations and failed to establish entitlement to equitable tolling. The Petitioner did not object to the Recommendation. The Court has reviewed the Recommendation, and the Recommendation i..
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ORDER
MARC T. TREADWELL, District Judge.
Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 14). The Magistrate Judge recommends granting the Respondent's motion to dismiss (Doc. 7) because the Petitioner did not file his 28 U.S.C. § 2254 petition within the one-year period of limitations and failed to establish entitlement to equitable tolling.
The Petitioner did not object to the Recommendation. The Court has reviewed the Recommendation, and the Recommendation is ADOPTED and made the ORDER of this Court. The Petitioner's petition is untimely. Further, the Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2).
Therefore, the Respondent's motion to dismiss is GRANTED, and a certificate of appealability is DENIED.
SO ORDERED.
Source: Leagle
