Latimer v. Sheppard
ORDER ADOPTING 42 Report and Recommendations, GRANTING 23 Motion to Dismiss, DENYING as moot 34 Motion for Evidentiary Hearing/Motion to Appoint Counsel/Motion for Discovery; and DENYING as moot 38 Motion for a Copy of Court Documents. Ordered by U.S. District Judge C ASHLEY ROYAL on 5/13/2014. (tlh)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
JOHN DAVID LATIMER,
Case No. 3:13‐CV‐122
Proceedings under 28 U.S.C. § 2254
STAN SHEPARD, Warden,
ORDER ON THE RECOMMENDATION OF
THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the Recommendation of the United States Magistrate Judge to
dismiss Petitioner John David Latimer’s petition for a writ of habeas corpus under 28
U.S.C. § 2254 as untimely. Petitioner did not file an objection to the Recommendation,
and the time in which to do so has expired. Having considered the matter, the Court
agrees with the findings and conclusions of the United States Magistrate Judge. The
Recommendation [Doc. 42] is therefore ADOPTED and MADE THE ORDER OF THE
COURT. Accordingly, Respondent Stan Shepard’s Motion to Dismiss the Petition as
Untimely [Doc. 23] is GRANTED, and the petition is DISMISSED. Because this Order
dismisses the petition in its entirety, Petitioner’s remaining Motions [Docs. 34, 38] are
DENIED as moot. 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 13th day of May, 2014.
S/ C. Ashley Royal
C. ASHLEY ROYAL, CHIEF JUDGE
UNITED STATES DISTRICT COURT
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