PHARR v. GEORGIA

Filing 23

ORDER ADOPTING 21 Report and Recommendations and GRANTING 14 Motion to Dismiss. Ordered by Judge Marc Thomas Treadwell on 6/10/2013. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MAX PHARR, ) ) ) ) ) ) ) ) ) ) Petitioner, v. CEDRIC TAYLOR, Warden, Respondent. CIVIL ACTION NO. 5:12-CV-256 (MTT) ORDER Before the Court is the Recommendation of Magistrate Judge Charles H. Weigle. (Doc. 21). The Magistrate Judge recommends granting the Respondent’s Motion to Dismiss (Doc. 14) because the Petitioner failed to file his 28 U.S.C. § 2254 petition within the one-year period of limitations and failed to establish entitlement to equitable tolling or the actual innocence exception. The Petitioner objects to the Recommendation. (Doc. 22). However, his objection is based on the alleged merits of his case rather than the timeliness issues that compel its dismissal. After considering the Petitioner’s Objection pursuant to 28 U.S.C. § 636(b)(1) and making a de novo determination of the portions of the Recommendation objected to, the Court finds the Petitioner has not produced any new arguments or evidence not addressed by the Magistrate Judge. There is nothing to indicate he timely filed his petition or is entitled to relief from the one year period set forth in 28 U.S.C. § 2244(d). Accordingly, the Recommendation is ADOPTED and made the ORDER of this Court. Further, the Petitioner has not made a substantial showing of the denial of a constitutional right pursuant to 28 U.S.C. § 2253(c)(2). Therefore, the Respondent’s Motion to Dismiss is GRANTED, and a certificate of appealability is DENIED. SO ORDERED, this 10th day of June, 2013. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT   2  

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