Shavers v. Hutchinson
Filing
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OPINION AND ORDER ADOPTING 4 Final Report and Recommendation ; DISMISSING the Petition for Writ of Habeas Corpus WITHOUT PREJUDICE for Petitioner's failure to comply with a lawful order of the Court. Signed by Judge William S. Duffey, Jr on 5/19/2015. (adg) Modified on 5/19/2015 (adg).
completed application to proceed in forma pauperis, and (2) an amended petition
on the 28 U.S.C. § 2254 petition form the Court will provide him, with all portions
of the form completed. (December 11, 2014, Order, at 2). Petitioner did not
comply with the Magistrate Judge’s December 11, 2014, Order.
On January 29, 2015, the Magistrate Judge recommended that the Court
dismiss Petitioner’s Petition without prejudice for Petitioner’s failure to comply
with the December 11, 2014, Order. (R&R at 2). Petitioner did not file any
objections to the R&R.
II.
DISCUSSION
A.
Legal Standard
After conducting a careful and complete review of the findings and
recommendations, a district judge may accept, reject, or modify a magistrate
judge’s report and recommendation. 28 U.S.C. § 636(b)(1); Williams v.
Wainwright, 681 F.2d 732, 732 (11th Cir. 1982), cert denied, 459 U.S. 1112
(1983). A district judge “shall make a de novo determination of those portions of
the report or specified proposed findings or recommendations to which objection is
made.” 28 U.S.C. § 636(b)(1). With respect to those findings and
recommendations to which a party has not asserted objections, the district judge
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must conduct a plain error review of the record. United States v. Slay, 714 F.2d
1093, 1095 (11th Cir. 1983).
B.
Analysis
Petitioner has not objected to the Magistrate Judge’s R&R. The Court thus
reviews the Magistrate Judge’s findings and recommendations for plain error. See
Slay 714 F.2d at 1095. The Magistrate Judge found that Petitioner failed to
comply with the December 11, 2014, Order, and properly recommended that the
Court dismiss Petitioner’s Petitioner. See LR 41.3(A)(2), NDGa. The Court finds
no plain error in Magistrate Judge’s findings and recommendation. See Slay, 714
F.2d at 1095.
III.
CONCLUSION
For the foregoing reasons,
IT IS HEREBY ORDERED that Magistrate Judge Linda T. Walker’s Final
Report and Recommendation [4] is ADOPTED.
IT IS FURTHER ORDERED that Petitioner Shawn Antonio Shavers’
Petition for Writ of Habeas Corpus [1] is DISMISSED WITHOUT
PREJUDICE.
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SO ORDERED this 19th day of May, 2015.
_______________________________
WILLIAM S. DUFFEY, JR.
UNITED STATES DISTRICT JUDGE
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