Bray v. Terry

Filing 17

ORDER denying 8 Motion ; adopting Report and Recommendations re 16 Report and Recommendations, denying-as-moot docs. 11 & 12 . Ordered by Judge W. Louis Sands on 9/13/2011 (bcl)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION MCKEBIA D. BRAY, : : Plaintiff, : : v. : : WILLIAM TERRY, Warden, : : Respondent. : ____________________________________: Case No. 1:10-CV-0098 (WLS) ORDER Before the Court is the Report and Recommendation (Doc. 16) from United States Magistrate Judge Thomas Q. Langstaff filed May 27, 2011. Pursuant to 28 U.S.C. § 2254, Judge Langstaff conducted a review of Petitioner’s claims requesting relief from his state convictions because they were allegedly obtained through an “unconstitutional guilty plea.” (Doc. 1 at 5). Respondent filed a Motion to Sever and Dismiss (Doc. 8) on two grounds. First, Respondent alleges that Petitioner improperly raised claims concerning two of the state judgments in a single habeas petition; and, second, Respondent alleges that Petitioner’s claims are untimely. (Doc. 8). Judge Langstaff recommends that Respondent’s Motion to Sever and Dismiss (Doc. 8) be DENIED on both grounds and that Petitioner’s Motions in opposition to Respondents’ Motions (Docs. 11 and 12) be DENIED-as-moot. Neither Petitioner nor Respondent have filed objections to date. (See generally Docket). Upon full review and consideration upon the record, the Court finds that said Report and Recommendation (Doc. 16) 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, 1 Respondent’s Motion to Sever (Doc. 8) is DENIED and Petitioner’s Motions to Not Sever and Dismiss (Doc. 11) and for Extension of Time (Doc. 12) are DENIED-as-moot. SO ORDERED, this 13th day of September, 2011. /s/ W. Louis Sands THE HONORABLE W. LOUIS SANDS, UNITED STATES DISTRICT COURT_ 2

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