Johnson v. Warden of Calhoun State Prison

Filing 14

ORDER ADOPTING 13 Report and Recommendations of the Magistrate Judge. The Clerk is DIRECTED to enter the appropriate judgment of dismissal and to CLOSE this case. Furthermore, Johnson is hereby DENIED a certificate of appealability, and he is DENIED leave to appeal in forma pauperis. Signed by Chief Judge Lisa G. Wood on 7/30/2015. (ca)

3Iit the antteb otateo ;Dt,otrtct Court
Jot the Ooutbern flittict Of 4eoria
rnntuitk JDibiion
ANTINTO SEANTRE JOHNSON,
Petitioner,
V.

WARDEN OF CALHOUN STATE PRISON,
Respondent.

*
*
*
*
*
*
*
*
*

CIVIL ACTION NO.: CV214-174

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 no Objections have been
filed. Respondent's Motion to Dismiss, dkt. no. 7, is GRANTED.
Johnson's petition for writ of habeas corpus, filed pursuant to
28 U.S.C. § 2254, dkt. no. 1, is DISMISSED,

without prejudice,

based on Johnson's failure to exhaust his available state
remedies prior to filing his petition. The Clerk of Court is
DIRECTED to enter the appropriate judgment of dismissal and to
CLOSE this case.

Furthermore, for the reasons stated in the Magistrate
Judge's Report and Recommendation, Johnson is hereby DENIED a

AO 72A
(Rev. 8/82)

certificate of appealability, and he is

leave to appeal

in forma pauperis.
SO ORDERED, this

_day of//A

LtISA GDBEY WOOD, CHIEF JUDGE
UkJITE STATES DISTRICT COURT
SUT'ERN DISTRICT OF GEORGIA

A072AII
(Rev. 8/82)

Ii

2

, 2015.