Ward v. Chapman
Filing
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ORDER adopting 13 Report and Recommendations and granting 9 Motion to Dismiss. A certificate of appealability is Denied. Ordered by Judge C. Ashley Royal on 12/13/12 (lap)
IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TODD L. WARD,
:
:
Petitioner,
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:
v.
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:
No. 5:12‐CV‐8 (CAR)
TOM CHAPMAN, Warden,
:
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Respondent.
:
___________________________________ :
ORDER ON THE RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE
Before the Court is the Recommendation of the United States Magistrate Judge
[Doc. 13] to dismiss Petitioner Todd L. Ward’s 28 U.S.C. § 2254 petition seeking habeas
corpus relief [Doc. 1] as untimely, thereby granting Respondent Tom Chapman’s
Motion to Dismiss [Doc. 9]. Specifically, the Magistrate Judge concluded that
Petitioner failed to file his Motion within the one‐year statute of limitations period set
forth in § 2244(d)(1)(A), and Petitioner failed to file adequate grounds for equitable
tolling. Petitioner has not filed an Objection to the Recommendation, and the time in
which to do so has expired. Upon review of the Recommendation and consideration
of the matter, the Court agrees with the findings and conclusions of the United States
Magistrate Judge. The Recommendation [Doc. 13] is therefore ADOPTED and MADE
THE ORDER OF THE COURT. Respondent’s Motion to Dismiss [Doc. 9] is
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GRANTED and Petitioner’s § 2254 Petition is DISMISSED with prejudice.
Additionally, because Petitioner has failed to make a substantial showing of the denial
of a constitutional right, a certificate of appealability is DENIED.
SO ORDERED, this 13th day of December, 2012.
S/ C. Ashley Royal
C. ASHLEY ROYAL
UNITED STATES DISTRICT JUDGE
LMH
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