Day v. Nix et al

Filing 53

ORDER ADOPTING 47 Report and Recommendations. The Petition is DENIED. Ordered by Judge Marc Thomas Treadwell on 9/20/2010. (tlh)

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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION ROGER C. DAY, Petitioner, v. MILTON BUDDY NIX, et. al, Respondents. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:06-CV-52 (MTT) ORDER This matter is before the Court on the Recommendation to Deny (the "Recommendation") (Doc. 47) of United States Magistrate Judge Claude W. Hicks, Jr. The Magistrate Judge, having reviewed the Petitioner's Petition for Writ of Habeas Corpus (the "Petition") (Doc. 1) pursuant to 28 U.S.C. 1915A(a) & (b), recommends denying the Petition because there is no constitutionally protected liberty interest in Georgia's parole system. The Petitioner filed an objection to the Recommendation (Doc. 52). Pursuant to 28 U.S.C. 636(b)(1), the Court has thoroughly considered Petitioner's Objection and has made a de novo determination of the portions of the Recommendation to which Petitioner objects. The Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge. The Petition is DENIED. SO ORDERED, this the 20th day of September, 2010. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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