ALEXANDER v. TAYLOR

Filing 21

ORDER ADOPTING 17 Report and Recommendations and GRANTING 13 Motion to Dismiss. The Petition is DISMISSED, and a certificate of appealability is DENIED. Any motion to proceed in forma pauperis on appeal is DENIED. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 6/14/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ANDRE ALEXANDER,
Petitioner,
v.
Warden CEDRIC TAYLOR,
Respondent.

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CIVIL ACTION NO. 5:15-cv-189 (MTT)

ORDER
United States Magistrate Judge Charles H. Weigle recommends granting the
Respondent’s motion to dismiss the Petitioner’s Section 2254 habeas petition as
untimely. (Docs. 13, 17). The Magistrate Judge also recommends that the Court deny
a certificate of appealability. The Petitioner has objected to the Recommendation.
(Doc. 20). 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. 13) 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
DENIED.
SO ORDERED, this 14th day of June, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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