MILNER v. WASHINGTON

Filing 19

ORDER adopting 16 Report and Recommendations and declining to issue certificate of appealability. Ordered by Judge Clay D. Land on 4/12/2012 (tlf).

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
DERRICK MILNER,

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Petitioner,

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vs.

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ANTHONY WASHINGTON, Warden

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CASE NO. 4:11-CV-136 (CDL)
Respondent.

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ORDER ON REPORT AND RECOMMENDATION
OF UNITED STATES MAGISTRATE JUDGE

After a de novo review of the record in this case, the Report
and Recommendation filed by the United States Magistrate Judge on
January 31, 2012 is hereby approved, adopted, and made the Order
of the Court, except that the Court does correct one error in the
recommendation.

The Magistrate erroneously indicated that the

Defendant was found guilty on January 4, 2006 of malice murder, two
counts of felony murder, and two counts of aggravated assault when
Petitioner in fact was sentenced on January 4, 2006 for two counts
of felony murder and two counts of aggravated assault. He was
acquitted of malice murder.

The Court finds that this error in the

Magistrate’s Report and Recommendation does not affect whether
Petitioner is entitled to habeas relief.

The Court finds that he

is not entitled to such relief for the reasons stated in the
Magistrate’s Report and Recommendation.
The objection of the Petitioner has been considered and is found
to be without merit.

The Court also adopts the Magistrate’s recommendation that no
certificate of appealability is warranted.
IT IS SO ORDERED, this 12th day of March, 2012.

s/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE