Franklin v. State of Georgia

Filing 17

ORDER ADOPTING 14 Report and Recommendations of the Magistrate Judge as the opinion of the Court. The Court DISMISSES without prejudice Franklin's Petition for Writ of Habeas Corpus, and DISMISSES as moot Franklin's Motion for Production Order, and DISMISSES as moot Respondent's Motion to Dismiss. The Court DENIES Franklin a Certificate of Appealability and DENIES Franklin leave to proceed in forma pauperis on appeal. The Court DIRECTS the Clerk to enter the appropriate judgment of dismissal and to CLOSE this case. Signed by Judge Lisa G. Wood on 10/23/2017. (ca)

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M tlft timteti States: Btsitrict Court Jfor tfie ^ont][iem Btsstrict of (ileorsta Prunsiliitck Btlitfiiton IMARE'FRANKLIN, Petitioner, CIVIL ACTION NO.: 2:17-cv-43 V. NEALJUMP, Respondent. ORDER After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's August 25, 2017, Report and Recommendation, dkt. no. 14, to which Petitioner Imare' Franklin (^^Franklin") filed Objections, dkt. nos. 15, 16.^ Accordingly, the Court OVERRULES Franklin's Objections and adopts the Magistrate Judge's Report and Recommendation as the opinion of the Court.^ ^ Franklin also filed an Affidavit of Fact from his state criminal case. Dkt. No. 16. However, this affidavit is entirely unresponsive to the Magistrate Judge's Report and Recommendation. ^ Franklin argues in his Objections that he could not respond to Respondent's Motion to Dismiss because he had limited access to the law library at Autry State Prison and he received all his legal mail three to four days later. Dkt. No. 15, p. 1. These Objections are insufficient to overcome the Magistrate Judge's reasons for dismissal If Franklin had difficulty responding to the Motion to Dismiss, he should have filed a Motion for Extension of Time to Respond to Respondent's Motion to Dismiss. However, he failed to file such a A0 72A (Rev. 8/82) The Court DISMISSES withou-t prejudice Franklin's Petition for Writ of Habeas Corpus, brought pursuant to 28 U.S.C. ยง 2254, and DISMISSES as moot Franklin's Motion for Production Order, dkt. no. 8, and DISMISSES as moot Respondent's Motion to Dismiss, dkt. no. 10. Additionally, the Court DEMIES Franklin a Certificate of Appealability and DENIES Franklin leave to proceed in forma pauperis on appeal. The Court DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case. SO ORDERED, this day of , 2017. ON. VISA GODBEY WOOD, JUDGE STATES DISTRICT COURT OUTHERN DISTRICT OF GEORGIA Motion. In fact. Franklin had no difficulty timely filing a copy of his ^^Motion to Modify Sentence" from his state criminal case and timely filing Objections to the Magistrate Judge's Report and Recommendation. A0 72A (Rev. 8/82) 2

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