WILLIAMS v. CRICKMAR

Filing 14

ORDER ADOPTING 12 Report and Recommendations and GRANTING 7 Motion to Dismiss. A certificate of appealability 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
SCOTT ANDREW WILLIAMS,
Petitioner,
v.
Warden SCOTT CRICKMAR,
Respondent.

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CIVIL ACTION NO. 5:13-CV-416 (MTT)

ORDER
Before the Court is the Recommendation of Magistrate Judge Stephen Hyles.
(Doc. 12). The Magistrate Judge recommends granting the Respondent’s motion to
dismiss (Doc. 7) because the Petitioner did not file his 28 U.S.C. § 2254 petition within
the one-year period of limitations and failed to establish entitlement to equitable tolling.
The Petitioner has filed an objection to the Recommendation. (Doc. 13).
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. The
Petitioner’s petition is untimely. 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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