BROWN v. ALLEN

Filing 16

ORDER ADOPTING 15 Report and Recommendations and GRANTING 11 Motion to Dismiss. 1 Petition is DISMISSED. Because the Petitioner has failed to meet the requisite standard, a certificate of appealability is DENIED. Ordered by Judge Marc Thomas Treadwell on 3/7/2012. (tlh)

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

PERCY GENE BROWN,
Petitioner,
v.
Warden MARTY ALLEN,
Respondent.

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CIVIL ACTION NO. 5:11-CV-314(MTT)

ORDER
This matter is before the Court on the Recommendation of United States
Magistrate Judge Stephen Hyles. (Doc. 15). The Magistrate Judge recommends
granting the Respondent’s Motion to Dismiss and dismissing the Petitioner’s Petition as
untimely. The Magistrate Judge also recommends denying a certificate of appealability.
The Petitioner has not filed an objection to the Recommendation.
Having considered the Recommendation, the Recommendation is adopted and
made the order of this Court. The Respondent’s Motion to Dismiss is granted, and the
Petition is dismissed. Because the Petitioner has failed to meet the requisite standard,
a certificate of appealability is denied.
SO ORDERED, this 7th day of March, 2012.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT