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)

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. § 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)

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