HARDEN v. CARTER

Filing 19

ORDER ADOPTING 16 Report and Recommendations, GRANTING 8 Motion to Dismiss; and DENYING as moot 12 Motion for Summary Judgment. A certificate of appealability is DENIED. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 3/6/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
TROY ANTHONY HARDEN,

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Petitioner,
v.
Warden ALLEN CARTER,
Respondent.

CIVIL ACTION NO. 5:13-CV-5 (MTT)

ORDER
Before the Court is the Recommendation of Magistrate Judge Charles H. Weigle.
(Doc. 16). The Magistrate Judge recommends the Court grant the Respondent’s motion
to dismiss (Doc. 8) Troy Anthony Harden’s 28 U.S.C. § 2254 petition for writ of habeas
corpus and deny as moot Harden’s motion for summary judgment (Doc. 12). Harden
objects to the Recommendation. (Doc. 18).
Pursuant to 28 U.S.C. § 636(b)(1), the Court has thoroughly considered Harden’s
objections and has made a de novo determination of the portions of the
Recommendation to which he objects. The Court accepts and adopts the findings,
conclusions, and recommendations of the Magistrate Judge, and the Recommendation
is adopted and made the order of this Court. Further, Harden 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 Harden’s petition is
GRANTED, and a certificate of appealability is DENIED.1

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 Harden’s motion for summary judgment (Doc. 12) is DENIED as moot.

SO ORDERED, this the 6th day of March, 2014.

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

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