Miller v. Gramiak, 5:15-CV-252 (MTT). (2016)
Court: District Court, M.D. Georgia
Number: infdco20160503d10
Visitors: 9
Filed: May 02, 2016
Latest Update: May 02, 2016
Summary: ORDER MARC T. TREADWELL , District Judge . United States Magistrate Judge Charles H. Weigle recommends granting the Respondent's motion to dismiss the Petitioner's Section 2254 habeas petition as untimely. (Doc. 14). The Magistrate Judge also recommends denying a certificate of appealability because the Petitioner has not made a substantial showing of the denial of a constitutional right. The Petitioner has not filed an objection to the Recommendation. The Court has reviewed the Recommenda
Summary: ORDER MARC T. TREADWELL , District Judge . United States Magistrate Judge Charles H. Weigle recommends granting the Respondent's motion to dismiss the Petitioner's Section 2254 habeas petition as untimely. (Doc. 14). The Magistrate Judge also recommends denying a certificate of appealability because the Petitioner has not made a substantial showing of the denial of a constitutional right. The Petitioner has not filed an objection to the Recommendation. The Court has reviewed the Recommendat..
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ORDER
MARC T. TREADWELL, District Judge.
United States Magistrate Judge Charles H. Weigle recommends granting the Respondent's motion to dismiss the Petitioner's Section 2254 habeas petition as untimely. (Doc. 14). The Magistrate Judge also recommends denying a certificate of appealability because the Petitioner has not made a substantial showing of the denial of a constitutional right. The Petitioner has not filed an objection 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 (Doc. 11) is GRANTED, the petition is DISMISSED, and a certificate of appealability is DENIED. 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.
Source: Leagle
