TAYLOR v. STATE OF GEORGIA

Filing 19

ORDER ADOPTING 18 Report and Recommendations and GRANTING 14 Motion to Dismiss. The petition is DISMISSED without prejudice, and a certificate of appealability is DENIED. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 3/21/2014. (tlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION MARK S. TAYLOR, Petitioner, v. CORNELIUS COLEMAN Respondent. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:13-CV-138 (MTT) ORDER Before the Court is the Recommendation of Magistrate Judge Charles H. Weigle (Doc. 18) on the Petitioner’s 28 U.S.C. § 2254 petition for writ of habeas corpus (Docs. 1, 8). The Magistrate Judge recommends dismissing the petition because: (1) the sentences in most of the cases the Petitioner is challenging have expired and the Petitioner has not shown any collateral consequences remain from these sentences; and (2) the Petitioner has failed to exhaust the state corrective process for the remaining case and has not shown the state process is unavailable or ineffective. The Magistrate Judge further recommends denying a certificate of appealability because the Petitioner has failed to make a substantial showing of the denial of a constitutional right. The Petitioner has not objected to the Recommendation. The Court has reviewed the Recommendation, and the Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation (Doc. 18) is ADOPTED and made the order of this Court. Accordingly, the Respondent’s motion to dismiss (Doc. 14) is GRANTED, the petition is DISMISSED without prejudice, and a certificate of appealability is DENIED. SO ORDERED, this 21st day of March, 2014. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT   ‐2‐

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