Butler v. Frazier et al

Filing 5

ORDER adopting 2 Final Report and Recommendation, dismissing case. Signed by Judge Thomas W. Thrash, Jr on 5/2/11. (dr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
GINO BUTLER,
Petitioner,
v.

CIVIL ACTION FILE
NO. 1:11-CV-682-TWT

DAVID FRAZIER, et al.,
Respondent.

ORDER

This is a pro se habeas corpus action. It is before the Court on the Report and
Recommendation [Doc. 2] of the Magistrate Judge recommending dismissing the
Petition as untimely. The Petitioner’s claim of actual innocence is totally without
merit.

The Court approves and adopts the Report and Recommendation as the

judgment of the Court. This action is dismissed.
SO ORDERED, this 2 day of May, 2011.

/s/Thomas W. Thrash
THOMAS W. THRASH, JR.
United States District Judge

T:\ORDERS\11\Butler\r&r.wpd