GILL v. ZANDERS

Filing 13

ORDER ADOPTING 11 Report and Recommendations and GRANTING 7 Motion to Dismiss. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 8/15/2016. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
ROBERT LEE GILL, JR.,
Petitioner,
v.
SAM ZANDERS,
Respondent.

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CIVIL ACTION NO. 5:15-cv-427 (MTT)

ORDER
United States Magistrate Judge Charles H. Weigle recommends granting the
Respondent’s Motion to Dismiss (Doc. 7) and dismissing the Petitioner’s Section 2254
petition because the grounds are unexhausted. (Doc. 11). The Petitioner has objected
to the Recommendation. (Doc. 12). 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 is GRANTED (Doc. 7), and the Petitioner’s Section 2254 petition is
DISMISSED. 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 15th day of August, 2016.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT