Jackson v. Chase

Filing 21

ORDER granting 12 Motion to Dismiss; adopting 19 Report and Recommendations.Ordered by Judge C. Ashley Royal on 9/17/08 (dcp)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION GARY T. JACKSON, Petitioner, v. ALEXIS CHASE, Warden, Respondent. __________________________________ : : : : : : : : :

Case No.: 5:07-cv-339 (CAR)

ORDER ON THE UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Before the Court is the United States Magistrate Judge's Recommendation [Doc. 19] that Respondent's Motion to Dismiss [Doc. 12] be granted, and Petitioner's petition for habeas corpus relief be denied as untimely filed. Petitioner has filed an Objection [Doc. 20] to the Recommendation. In it, Petitioner simply restates his earlier arguments that his petition is, in fact, timely. Having considered Petitioner's Objections and having investigated those

matters de novo, however, this Court agrees with the findings and conclusions of the United States Magistrate Judge that the instant petition was untimely filed, and therefore Petitioner's arguments are without merit. Accordingly, the Recommendation is HEREBY
ADOPTED AND MADE THE ORDER OF THE COURT. SO ORDERED, this 17th day of September, 2008. S/ C. Ashley Royal C. ASHLEY ROYAL UNITED STATES DISTRICT JUDGE SSH