Adams v. Chapman et al

Filing 49

ORDER granting 25 Motion to Dismiss; finding as moot 29 Motion ; finding as moot 31 Motion to Amend/Correct; finding as moot 34 Motion ; finding as moot 42 Motion to Amend/Correct; adopting 43 Report and Recommendations; adopting 44 Rep ort and Recommendations; denying 46 Motion for Preliminary Injunction; denying 47 Motion to Appoint Counsel ; denying 48 Motion to Amend/Correct; finding as moot 16 Motion to Amend/Correct; denying 17 Motion for Preliminary Injunction; finding as moot 18 Amended Motion; finding as moot 19 Motion ; finding as moot 21 Motion to Amend/Correct. Ordered by Judge Hugh Lawson on 6/16/2010. (nbp)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA M ACON DIVISION ALLE N ALPHONZO ADAMS, P etitioner, v. BRUCE CHATMAN, Respondent. OR D E R This case is before the Court on two Recommendations from United States M agis trate Judge Claude W . Hicks Jr. In the first (Doc. 43), the Magistrate Judge rec om m ends that Respondent's Motion to Dismiss (Doc. 25) be granted and the petition for habeas corpus dismissed as untimely. In the second (Doc. 44), the M agis trate Judge recom m e n ds that Petitioner's Motion for Preliminary Injunction (Doc . 17) be denied. He also orders that eight other motions filed by Petitioner be deni ed. P et i t ioner has filed an objection (Doc. 45) to the Recommendation on the M otion to Dismiss (Doc. 43). The Court notes, however, that nowhere in the objec tion does Petitioner address the issue of whether his petition is timely. Nevertheles s , the Court has made a de novo review of the Recommendation and the objec tion, and finds the objection to be without merit. Accordingly, the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate CA S E NO. 5:09-CV-306 (HL) 28 U.S.C. § 2254

Judge. Respondent's Motion to Dismiss (Doc. 25) is granted, and the habeas petition is dismissed. P etitioner has not filed a written objection to the other Recommendation (Doc. 44). The Court has review e d the Recommendation and finds no clear error in the M agis trate Judge's decision. Accordingly, the Court accepts and adopts the

findings , conclusion, and recommendations of the Magistrate Judge. Petitioner's M otion for Preliminary Injunction (Doc. 17) is denied. The following motions are also all denied as moot: Doc . 16 Doc . 18 Doc . 19 Doc . 21 Doc . 29 Doc . 31 Doc . 34 Doc . 42 Motion to Amend [1] Petition for W rit of Habeas Corpus A m ended Motion amending [17] Motion for Preliminary Injunction M otion for Permission to Enter Discovery M otion to Amend/Correct [17] Motion for Preliminary Injunction Motion for Objection M otion to Amend/Correct M otion to Amend Previously Filed Notes M otion to Amend [41] Notice of Filing Traverse

Further, as this Order terminates this case, the following motions are denied: Doc . 46 Doc . 47 Doc . 48 M otion for Preliminary Injunction M otion to Appoint Counsel M otion to Amend/Correct

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SO ORDERED, this the 16th day of June, 2010.

s/ Hugh Lawson HUGH LAWSON, SENIOR JUDGE m bh

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