Lockley v. Tatum

Filing 12

ORDER ADOPTING 11 Report and Recommendations and DENYING 6 Motion to Dismiss. Ordered by Judge Marc Thomas Treadwell on 6/21/2011. (tlh)

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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION EDUARDO L. LOCKLEY, Petitioner, v. CLAY TATUM, WARDEN, Respondent. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:10-CV-383 (MTT) ORDER This matter is before the Court on the Recommendation to Deny (the “Recommendation”) of United States Magistrate Judge Charles H. Weigle. (Doc. 11). The Magistrate Judge, having reviewed the Respondent’s Motion to Dismiss (the “Motion”), recommends denying the Motion because the weight of the evidence supports the Petitioner’s claim that he filed a timely federal habeas corpus petition. The Respondent did not file an objection to the Recommendation. The Court has reviewed the Recommendation, and the Recommendation is adopted and made the order of this Court. The Motion is DENIED. SO ORDERED, this the 21st day of June, 2011. s/Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

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