WRIGHT v. JOHNSON
ORDER adopting 32 Report and Recommendations; granting 25 Motion to Dismiss. Petition for Writ of Habeas Corpus [Doc. 1] is DISMISSED for failure to exhaust. A certificate of appealability is DENIED. Ordered by US DISTRICT JUDGE C ASHLEY ROYAL on 7/25/2017 (lap)
THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
WILLIE FRANT WRIGHT, JR.,
No. 5:15cv‐423 (CAR)
28 U.S.C. § 2254
Warden, GLEN JOHNSON,
ORDER ON REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is the Recommendation of the United States Magistrate Judge
[Doc. 32] to dismiss Petitioner Willie Frank Wright, Jr.’s Petition for Writ of Habeas
Corpus under 28 U.S.C. § 2254 because Petitioner’s state conviction is not final and is still
pending in state court. Petitioner filed an Objection to the Recommendation [Doc. 36].
Although the Objection was untimely, the Court will consider the Objection as
timely‐filed and make a de novo determination of the portion of the Recommendation to
which Petitioner objects. Having done so, the Court finds Petitioner’s Objection fails to
counter the findings and conclusions of the Recommendation.
Plaintiff contends the delay in resolving his conviction in state court is not the
result of his actions, as the Recommendation sets forth, but is the result of the state
court’s failure to provide him with complete transcripts of his case. Thus, Petitioner
contends he should not be forced to wait for his state remedies to be exhausted to have
his federal habeas petition decided. Petitioner’s argument is unconvincing. As the
Recommendation sets forth, a state court’s unreasonable, inexplicable, or inordinate
delay in finalizing its relief may waive a petitioner’s failure to exhaust. As the
Recommendation thoroughly explains, those circumstances are not present in this case.
The delay in this case is attributable to the Petitioner, not the state court.
Thus, the Report and Recommendation is HEREBY ADOPTED AND MADE
THE ORDER OF THIS COURT. Respondent’s Motion to Dismiss [Doc. 25] is
GRANTED, and the Petition for Writ of Habeas Corpus [Doc. 1] is DISMISSED for
failure to exhaust. Additionally, because Petitioner has failed to make a substantial
showing of the denial of a constitutional right, a certificate of appealability is DENIED.
It is SO ORDERED this 25th day of July, 2017.
S/ C. Ashley Royal
C. ASHLEY ROYAL, SENIOR JUDGE
UNITED STATES DISTRICT COURT
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?