CARTER v. Frazier

Filing 23

ORDER adopting Report and Recommendations re 21 Report and Recommendations.Ordered by Judge Clay D. Land on 1/2/13 (sbd)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
ANTWAYN CARTER,

*

Petitioner,

*

vs.

*

DAVID FRAZIER,

*

CASE NO. 3:12-CV-08 (CDL)
Respondent.

*
ORDER ON RECOMMENDATION

After a de novo review of the record in this case, the
Recommendation filed by the United States Magistrate Judge on
December 4, 2012, is hereby approved, adopted, and made the Order
of

the

Court.

To

the

extent

that

the

Magistrate

Judge’s

Recommendation does not unequivocally state that he considered
whether the trial court’s alleged misapplication of Georgia law
denied Petitioner of any right under the United States Constitution
or federal law, the Court has reviewed that issue and concludes that
no such denial occurred which would warrant federal habeas corpus
relief.

The Court also adopts the Magistrate Judge’s recommendation

that a Certificate of Appealability should be denied.
The objections of the Petitioner have been considered and are
found to be without merit.
IT IS SO ORDERED, this 2nd day of January, 2013.
s/Clay D. Land
CLAY D. LAND
U.S. DISTRICT JUDGE