BETHUNE v. KEMP
Filing
16
ORDER adopting 15 Report and Recommendations and denying 1 Petition for Writ of Habeas Corpus and denying 11 Motion to Dismiss. Additionally, because Petitioner has failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability is DENIED. Ordered by Judge C. Ashley Royal on 2/23/12 (lap) ***
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
DEXTER BETHUNE,
:
:
Petitioner,
:
:
No. 3:11‐CV‐133 (CAR)
v.
:
:
Proceeding Under 28 U.S.C. § 2254
RALPH KEMP, Warden,
:
:
Respondent.
:
___________________________________ :
ORDER ON RECOMMENDATION
Before the Court is United States Magistrate Judge Charles Weigle’s
Recommendation [Doc. 15] to deny Petitioner Dexter Bethune’s 28 U.S.C. § 2254
petition for writ of habeas corpus [Doc. 1]. Petitioner has not entered an objection to
the Recommendation. Upon review of the record of the case, the Court agrees with
the findings and conclusions of the United States Magistrate Judge that Petitioner
failed to file his petition within the one‐year period of limitations and has failed to
show adequate grounds for equitable tolling. Accordingly, the Recommendation
[Doc. 15] is hereby ADOPTED and MADE THE ORDER OF THE COURT.
Respondent’s Motion to Dismiss is GRANTED, and Petitioner’s Petition for Writ of
1
Habeas Corpus [Doc. 1] is DENIED. Additionally, because Petitioner has failed to
make a substantial showing of the denial of a constitutional right, a certificate of
appealability is DENIED.
SO ORDERED, this 23rd day of February, 2012.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
SSH
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?