Whitaker v. Jarriel

Filing 13

ORDER granting 9 Motion to Dismiss; adopting Report and Recommendations re 12 Report and Recommendations.Ordered by Judge W. Louis Sands on 8/30/10 (wks)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION TONY ORLANDER WHITAKER, : : Petitioner, : : v. : : DON JARRIEL, Warden, : : Respondents. : ____________________________________:

CASE NO.: 1:09-CV-189 (WLS)

ORDER Before the Court is a Report and Recommendation from United States Magistrate Judge Thomas Q. Langstaff, filed June 8, 2010. (Doc. 12). It is recommended that Respondent Warden's Motion to Dismiss (Doc. 9) be granted. The Report and Recommendation provided the Parties with fourteen (14) days to file written objections to the recommendations therein. (Doc. 12). The period for objections expired on Tuesday, June 22, 2010;1 no objections have been filed to date. (See Docket). Upon full review and consideration upon the record, the Court finds that said Report and Recommendation (Doc. 12) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Accordingly, Respondent Warden's Motion to Dismiss (Doc. 9) is GRANTED, and Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED as untimely. SO ORDERED, this 30th day of August, 2010. /s/ W. Louis Sands_________________________ THE HONORABLE W. LOUIS SANDS, UNITED STATES DISTRICT COURT
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Pursuant to Federal Rule of Civil Procedure 6(a)(2).

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