Hansley v. Hickey et al

Filing 15

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations, granting 6 Motion to Dismiss filed by Deborah A. Hickey. The Clerk of Court is authorized to enter the appropriate judgment of dismissal. Signed by Judge Lisa G. Wood on 1/23/2009. (ca)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION JOHNNIE L. HANSLEY, Petitioner, vs. DEBORAH A. HICKEY, Warden, and THE STATE OF GEORGIA, Respondents ORDER Presently before the Court are Petitioner Johnnie Hansley's ("Hansley") Objections to the Magistrate Judge's Report and Recommendation dated December 8, 2008. In his Objections, Hansley asserts he was not provided with assistance of counsel during his state criminal trial in a case in which he was arraigned in July 1985. Hansley requests that the Court take judicial notice of O.C.G.A. § 9-14-2, which allows individuals convicted in Georgia four (4) years in which to file a writ of habeas corpus in a state court. According to Hansley, 28 U.S.C. § 2241 is the proper statute by which to challenge the constitutionality of his two (2) state convictions which were later used to enhance the federal sentence he received in 1991. Based on the undersigned's review of the record, the Magistrate Judge properly analyzed the allegations set forth in Hansley's petition. The Magistrate Judge was thorough in discussing how the bases upon which Hansley could attempt to seek relief would be foreclosed under 28 U.S.C. § 2255 jurisprudence. CIVIL ACTION NO.: CV208-046

AO 72A (Rev. 8/82)

The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Respondent's Motion to Dismiss is GRANTED. Hansley's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DISMISSED. The clerk of Court is authorized to enter the appropriate judgment of dismissal. SO ORDERED, this't 1day of

/4. 1

, 2009.

HONORIBLE LISA GODBEY WOOD UNI .!rED/STATES DISTRICT JUDGE

AO 72A (Rev. 8/82)

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