ADAMS v. CHAPMAN

Filing 20

ORDER ADOPTING 18 Report and Recommendations and GRANTING 14 Motion to Dismiss. A certificate of appelability is DENIED. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 4/28/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ALLEN ALPHONZO ADAMS,
Petitioner,
v.
Warden BRUCE CHAPMAN,
Respondent.

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CIVIL ACTION NO. 5:13-CV-225 (MTT)

ORDER
Before the Court is the Recommendation of Magistrate Judge Charles H. Weigle.
(Doc. 18). The Magistrate Judge recommends granting the Respondent’s motion to
dismiss (Doc. 14) because the Petitioner did not file his 28 U.S.C. § 2254 petition within
the one-year period of limitations, failed to establish entitlement to equitable tolling, and
failed to exhaust his administrative remedies.
The Petitioner has filed an objection to the Recommendation. (Doc. 19).
Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Petitioner’s objection
and made a de novo determination of the portions of the Recommendation to which the
Petitioner objects.
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 28th day of April, 2014.

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

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