Grosse v. Davis

Filing 27

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 12 Motion to Dismiss filed by Belinda Davis, 22 Report and Recommendations; the Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Judge Lisa G. Wood on 8/20/2009. (ca)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA BRUNSWICK DIVISION

JAMES ALBERT GROSSE, Petitioner,
V.

CIVIL ACTION NO.: CV208-157

BELINDA DAVIS, Warden, Respondent.

ORDER Presently before the Court are Petitioner James Grosse's ("Grosse") Objections to the Magistrate Judge's Report and Recommendation. After an independent and do
novo review of the entire record, including Grosses Objections, the undersigned

concurs with the Magistrate Judge's Report and Recommendation. Grosse contends that he requested all the documents from his criminal trial three (3) times in a 20 year period. Grosse also contends that he was denied the right to appeal his case because his counsel failed to file an appeal upon his request in the time frame allotted to file an appeal. Grosse's remaining Objections are restatements of the allegations he made in his original petition. Grosses Objections are without merit. The Report and Recommendation of the Magistrate Judge is adopted as the opinion of the Court. Respondent's Motion to Dismiss is GRANTED. Grosse's petition, filed pursuant to 28 U.S.C. § 2254, is

AC) 72A

(Rev. 8/82)

DISMISSED, with prejudice, as it was not filed timely. The Clerk of Court is directed to enter the appropriate judgment of dismissal. SO ORDERED, this '' day of --,2009.

HONORABtLJSKGQDBEY WOOD JNITED STATES DISTRICT JUDGE