King v. Tatum

Filing 16

ORDER ADOPTING 15 Report and Recommendations and GRANTING 10 Motion to Dismiss. Ordered by Judge Marc Thomas Treadwell on 7/20/2012. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TRAVIS KING,
Petitioner,
v.
CLAY TATUM,
Respondent.

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CIVIL ACTION NO. 5:11-CV-386 (MTT)

ORDER

This matter is before the Court on the Recommendation of United States
Magistrate Judge Charles H. Weigle. (Doc. 15). The Magistrate Judge recommends
granting the Respondent’s Motion to Dismiss and dismissing the petition without
prejudice for failure to exhaust state remedies prior to filing suit in federal court. The
Magistrate Judge also recommends denying a certificate of appealability. The
Petitioner has not filed an objection to the Recommendation.
Having read and 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 without prejudice. Because the Petitioner has
failed to meet the requisite standard, a certificate of appealability is denied.
SO ORDERED, this 20th day of July, 2012.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT