JACKSON v. MCLAUGHLIN

Filing 38

ORDER APPROVING and ADOPTING 32 Final Report and Recommendation. The Court GRANTS Respondent's 22 Motion to Dismiss the Petition as Untimely, DENIES a Certificate of Appealability and DENIES AS MOOT 35 Motion to Amend, 36 Motion to Appoint Counsel. Signed by Judge Thomas W. Thrash, Jr. on 1/24/2017. (jkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
JAMON DEMETRIUS JACKSON,
Petitioner,
v.

CIVIL ACTION FILE
NO. 1:16-CV-2692-TWT

GREGORY MCLAUGHLIN
MACON STATE PRISON,
Respondent.

ORDER

This is a pro se habeas corpus action. It is before the Court on the Report and
Recommendation [Doc. 32] of the Magistrate Judge recommending dismissing the
action as untimely. The Petitioner in his objections does not address the fact that this
action is barred by the one year statute of limitations in 28 U. S. C. § 2244(d). The
Court approves and adopts the Report and Recommendation as the judgment of the
Court. The Respondent’s Motion to Dismiss [Doc. 22] is GRANTED. This action is
DISMISSED. The Petition for a Writ of Mandamus [Doc. 31] is DENIED. Pursuant
to Rule 11 of the Rules Governing Section 2254 Cases, “[t]he district court must issue
or deny a certificate of appealability when it enters a final order adverse to the
applicant. . . . If the court issues a certificate, the court must state the specific issue or
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issues that satisfy the showing required by 28 U.S.C. § 2253(c)(2).”Section 2253(c)(2)
states that a certificate of appealability may issue “only if the applicant has made a
substantial showing of the denial of a constitutional right.” A substantial showing of
the denial of a constitutional right “includes showing that reasonable jurists could
debate whether (or, for that matter, agree that) the petition should have been resolved
in a different manner or that the issues presented were adequate to deserve
encouragement to proceed further.” Slack v. McDaniel,529 U.S. 473, 484 (2000)
(internal quotation marks omitted). No Certificate of Appealability will be granted.

SO ORDERED, this 24 day of January, 2017.

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

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