Render v. Macon Division

Filing 27

ORDER adopting Report and Recommendations re 25 Report and Recommendations and granting 19 Motion to Dismiss. Ordered by Judge C. Ashley Royal on 12/10/10 (lap)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION TONY RENDER, : : Petitioner, : : v. : : BRIAN OWENS, : : Respondent. : ____________________________________:

Case No.: 5:10-cv-122(CAR)

28 U.S.C. § 2254

ORDER ON THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court is the United States Magistrate Judge's Recommendation [Doc. 25] to dismiss Petitioner's claim as untimely pursuant to the Anti-Terrorism and Effective Death Penalty Act (AEDPA). 28 U.S.C. § 2244(d). Petitioner entered an Objection [Doc. 26] to the

Recommendation, which only restates the same meritless argument he made in his initial Response [Doc. 23] to Respondent's Motion to Dismiss [Doc. 19]. Upon de novo review of the Recommendation, the Objection, and the entire record, the Court agrees with the findings and conclusions of the United States Magistrate Judge. The Recommendation is therefore ADOPTED and MADE THE ORDER OF THE COURT. Respondent's Motion to Dismiss is hereby GRANTED, and the Petition is DISMISSED. SO ORDERED, this 10th day of December, 2010. S/ C. Ashley Royal C. ASHLEY ROYAL, JUDGE UNITED STATES DISTRICT COURT

THC