Mitchell v. Kemp

Filing 19

ORDER adopting 18 Report and Recommendations and granting 6 Motion to Dismiss. Ordered by Judge C. Ashley Royal on 6/13/11 (lap)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

DONNIE MITCHELL,
Petitioner,
v.
BRIAN OWENS,
Respondent.

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Civil Action No.
5:10-CV-397-CAR-CHW

_____________________________________
ORDER ON THE RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the United States Magistrate Judge’s Recommendation [Doc.18] to
dismiss the above captioned petition as untimely according to the provisions of the Antiterrorism
and Effective Death Penalty Act of 1996 (AEDPA), 28 U.S.C. §2244(d). The Magistrate Judge
further recommends that a certificate of appealability be denied. No Objection to the
Recommendation was filed.
After careful consideration of the Recommendation, the Court accepts and adopts the
findings and conclusions of the Magistrate Judge. The Recommendation is therefore ADOPTED
and MADE THE ORDER OF THE COURT. For the reasons stated in the Recommendation, the
instant § 2254 petition for writ of habeas corpus is DISMISSED with prejudice, and a certificate
of appealability is DENIED.
SO ORDERED, this 13th day of June, 2011.
S/ C. Ashley Royal
C. ASHLEY ROYAL, JUDGE
UNITED STATES DISTRICT COURT
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