STEWART v. BARROW
ORDER ADOPTING 22 Report and Recommendations and GRANTING 16 Motion to Dismiss. The petition is DISMISSED, and a certificate of appealability is DENIED. Additionally, because there are no non-frivolous iss ues to raise on appeal, an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). Accordingly, any motion to proceed in forma pauperis on appeal is DENIED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/1/2016. (tlh)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
WARDEN, Washington State Prison,
CIVIL ACTION NO. 5:15-CV-158 (MTT)
United States Magistrate Judge Stephen Hyles recommends granting the
Respondent’s motion to dismiss the Petitioner’s Section 2254 habeas petition as
untimely. (Docs. 16, 22). The Magistrate Judge also recommends that the Court deny
a certificate of appealability. The Petitioner has objected to the Recommendation.
(Doc. 23). Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Petitioner’s
objection and has made a de novo determination of the portions of the
Recommendation to which the Petitioner objects.
The Court has reviewed the Recommendation and accepts 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 (Doc. 16) is GRANTED, and the petition is DISMISSED, and a certificate of
appealability is DENIED. Additionally, because there are no non-frivolous issues to
raise on appeal, an appeal would not be taken in good faith. See 28 U.S.C.
§ 1915(a)(3). Accordingly, any motion to proceed in forma pauperis on appeal is
SO ORDERED, this 1st day of June, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
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