Byrd v. Head et al

Filing 10

ORDER adopting 5 Final Report and Recommendation, dismissing action as untimely. Signed by Judge Thomas W. Thrash, Jr on 1/15/15. (dr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
HERSCHEL GERALD BYRD,
Petitioner,
v.

CIVIL ACTION FILE
NO. 1:14-CV-3316-TWT

FREDERICK HEAD
WARDEN, et al.,
Respondent.

ORDER

This is a pro se habeas corpus action. It is before the Court on the Report and
Recommendation [Doc. 5] of the Magistrate Judge recommending dismissing the
action as untimely pursuant to 28 U. S. C. § 2244(d)(1)(B). The Petitioner’s
Objection that the one year period of limitations did not begin to run until he began
serving his custodial sentence is without merit for the reasons set forth in the Report
and Recommendation.

The Court approves and adopts the Report and

Recommendation as the judgment of the Court. This action is DISMISSED as
untimely.

T:\ORDERS\14\Byrd\r&r.wpd

SO ORDERED, this 15 day of January, 2015.

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

T:\ORDERS\14\Byrd\r&r.wpd

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