HARRIS v. MEDLIN

Filing 27

ORDER re 26 Petitioner's Supplemental Objections filed by KELVIN HARRIS. The Court's December 2, 2013 Order dismissing the instant Petition for Writ of Habeas Corpus pursuant to 28 USC § 2254 still stands. Ordered by U.S. District Judge W. Louis Sands on 12/4/13. (wks)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ALBANY DIVISION
KELVIN HARRIS,
Petitioner,
v.
COMMISSIONER BRIAN OWENS,
Respondent.

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CASE No.: 1:13-CV-17 (WLS)

ORDER
By Order dated December 2, 2013, this Court dismissed the Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254 filed in the above-captioned matter. (Doc.
24.) Also on December 2, 2013, Petitioner filed a document styled “Petitioner’s
Supplemental Argument With New Evidence in Support of His Objections to Case
Dismissal.” (Doc. 26.) Therein, Petitioner informs the Court that the Superior Court of
Terrell County, Georgia, has declined to rule on his pro se motions, concluding that they
should be ignored as a matter of law because Petitioner is represented by counsel. (See
Docs. 26, 26-1.)
As an initial matter, Petitioner’s supplemental filing to his objections is untimely.
The period within which to object to United States Magistrate Judge Thomas Q.
Langstaff expired on November 12, 2013. Therefore, Petitioner’s supplemental
objections, entered December 2, 2013, were filed well outside of the objection-period
window. Even if the Court were to consider Petitioner’s submissions, they fail to include
any information to disturb the finding that Petitioner’s federal habeas petition should be
dismissed due to his failure to exhaust state remedies. Petitioner is strongly encouraged

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to desist in his efforts to get the federal court to act where it cannot. Instead, he should
focus his efforts on pursuing his state remedies, as that is where his remedy, if there is
any at this juncture, lies. Accordingly, the Court’s December 2, 2013 Order dismissing
the instant Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 still stands.
SO ORDERED, this 4th day of December 2013.
/s/ W. Louis Sands
W. LOUIS SANDS, JUDGE
UNITED STATES DISTRICT COURT

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