LANE v. FRAZIER

Filing 14

ORDER ADOPTING 11 Report and Recommendations; and GRANTING 7 Motion to Dismiss. Ordered by Judge Marc Thomas Treadwell on 12/13/2012. (tlh)

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

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Petitioner,
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v.
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DAVID FRAZIER,
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Respondent.
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________________________________)

CIVIL ACTION NO. 5:12-CV-167(MTT)

ORDER
Before the Court is Magistrate Judge Charles H. Weigle’s Recommendation (Doc. 11)
on the Respondent’s Motion to Dismiss as Untimely (Doc. 7). The Magistrate Judge
recommends granting the Respondent’s Motion and dismissing the Petitioner’s Petition
seeking habeas corpus relief, because the Petitioner failed to file his petition within the oneyear limitations period. See 28 U.S.C. § 2244(d)(1)(A). Further, the Magistrate Judge found
that the Petitioner failed to establish adequate grounds for equitably tolling the limitations
period.
The Petitioner objected to the Recommendation. (Doc. 12). Pursuant to 28 U.S.C.
§ 636(b)(1), the Court has thoroughly considered the Recommendation and Objection, and
has made a de novo determination of the portions of the Recommendation to which the
Petitioner objects.
The Court accepts and adopts the findings, conclusions and recommendations of the
Magistrate Judge. Accordingly, the Respondent’s Motion to Dismiss is GRANTED (Doc. 7),
the Petitioner’s Petition is DISMISSED (Doc. 1).
SO ORDERED, this 13th day of December, 2012.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT