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)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
EDUARDO L. LOCKLEY,
Petitioner,
v.
CLAY TATUM, WARDEN,
Respondent.

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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