HORTON v. DANFORTH

Filing 11

ORDER ADOPTING 10 Report and Recommendations and GRANTING 7 Motion to Dismiss. Ordered by U.S. District Judge MARC THOMAS TREADWELL on 5/6/2014. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

VERNON HORTON,
Petitioner,
v.
WARDEN WILLIAM DANFORTH,
Respondent.

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CIVIL ACTION NO. 5:13-CV-439 (MTT)

ORDER
Before the Court is the Recommendation of Magistrate Judge Charles H. Weigle
(Doc. 10) on the Respondent’s motion to dismiss (Doc. 7). The Magistrate Judge
recommends granting the motion to dismiss because the Petitioner failed to file his
§ 2254 habeas petition within the one-year limitations period set forth in the
Antiterrorism and Effective Death Penalty Act (“AEDPA”) and showed no basis for
equitable tolling.1 The Magistrate Judge further recommends denying a certificate of
appealability because the Petitioner has not made 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 is ADOPTED and made the order of this Court. Accordingly, the
Respondent’s motion to dismiss is GRANTED, and the Petitioner’s § 2254 petition is
DISMISSED. A certificate of appealability is DENIED.

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As noted in the Recommendation, the Petitioner failed to respond to the motion to dismiss at all despite
a court order.

SO ORDERED, this 6th day of May, 2014.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT