CLEMENS v. GRAMIAK, 5:14-CV-217 (MTT). (2015)
Court: District Court, M.D. Georgia
Number: infdco20150116h09
Visitors: 6
Filed: Jan. 15, 2015
Latest Update: Jan. 15, 2015
Summary: ORDER MARC T. TREADWELL, District Judge. Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 17). The Magistrate Judge recommends granting the Respondent's motion to dismiss (Doc. 7) and dismissing the Petitioner's application for writ of habeas corpus pursuant to 28 U.S.C. 2254 as untimely. 1 The Magistrate Judge further recommends denying a certificate of appealability. The Petitioner has not objected to the Recommendation. The Court has reviewed the Recommenda
Summary: ORDER MARC T. TREADWELL, District Judge. Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 17). The Magistrate Judge recommends granting the Respondent's motion to dismiss (Doc. 7) and dismissing the Petitioner's application for writ of habeas corpus pursuant to 28 U.S.C. 2254 as untimely. 1 The Magistrate Judge further recommends denying a certificate of appealability. The Petitioner has not objected to the Recommendation. The Court has reviewed the Recommendat..
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ORDER
MARC T. TREADWELL, District Judge.
Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 17). The Magistrate Judge recommends granting the Respondent's motion to dismiss (Doc. 7) and dismissing the Petitioner's application for writ of habeas corpus pursuant to 28 U.S.C. § 2254 as untimely.1 The Magistrate Judge further recommends denying a certificate of appealability. The Petitioner has not objected to the Recommendation. The Court has reviewed the Recommendation, and the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation is ADOPTED and made the order of this Court. Accordingly, the Respondent's motion to dismiss is GRANTED, and the petition is DISMISSED. A certificate of appealability is DENIED for the reasons stated in the Recommendation. Additionally, because there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). Accordingly, any motion to proceed in forma pauperis on appeal is DENIED.
SO ORDERED.
FootNotes
1. The Court notes that there were 111 days remaining when the Petitioner filed his state habeas petition—not 110 as stated in the Recommendation (365 days minus the 254 days from October 22, 2012, when his conviction became final to July 3, 2013, when he filed his state habeas petition). However, because the Petitioner filed his federal habeas petition well outside the expiration of the AEDPA time period, it makes no difference to the timeliness determination.
Source: Leagle
