Hilton-Thomas v. Hastings

Filing 17

ORDER ADOPTING 12 Report and Recommendations of the Magistrate Judge. Hilton-Thomas' Objections are overruled. Hilton-Thomas' petition for writ of habeas corpus is dismissed. The Clerk is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 10/1/2013. (ca)

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

ROBERT HILTON-THOMAS,
Petitioner,
CIVIL ACTION NO.: CV213-030

vs.

SUZANNE HASTINGS, Warden,
Respondent.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Petitioner
Robert Hilton-Thomas ("Hilton-Thomas") filed Objections. Respondent filed a
Response. In his Objections, Hilton-Thomas asserts that the State of Florida dismissed
the charges against him on August 20, 2008, and then recharged him with a probation
violation. Plaintiff contends that the federal authorities had sole custody of him and that
he is entitled to credit against his federal sentence from August 20, 2008, through April
15, 2009.
First, the documents Hilton-Thomas submitted as support for his Objections do
not reveal that his state charges were dismissed. In addition, it appears that many—if
not all—of the specific contentions Hilton-Thomas raises in his Objections, such as the
time period for which he seeks credit, are raised for the first time in his Objections. This

AO 72A
(Rev. 8/82)

Court's usual practice is not to entertain assertions made for the first time in Objections.
Williams v. McNeil, 557 F.3d 1287 (11th Cir. 2009).
Hilton-Thomas' Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Hilton-Thomas' petition for
writ of habeas corpus, filed pursuant to 28 U.S.C. § 2241, is DISMISSED. The Clerk of
Court is directed to enter the appropriate judgment 9f7lismissal.
2013.

SO ORDERED, this __L day of

LISA PODBEY WOOD, CHIEF JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8)82)

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