Brinson v. Perry

Filing 43

ORDER denying 42 Motion. Signed by Judge Dudley H. Bowen on 2/10/16. (cmr)

F'JLfD

BRINSON,

RONALD A.

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THE UNITED STATES DISTRICT COT'RT FOR
SOUTHERN DISTRICT OF GEORGIA
DUBIJIN DIVISION

IN

?016 l0 fff t0,3S
FtB
at F

Dat-it-i^nar

c v 3 l - 5- 0 1 5

\/
HOMER BRYSON, Commissaoner,
PAch^r1dant-

ORDER

Present.ly before
in

motion

corpus

case

pursuanE

brought

(See Doc. No. 42.)

28

to

of enumerate [d]

on ,January 27,

20L6,

Court adopEed the Report and Recommendation, over nearly
pages

forty

rranrrincr fhc

of

which

objections,

Petitioner's

s ??q4 oetition.

While

motion on February 1,, 2016, it

instant

the

adoption

, , n { - i m " E1
t ^' f
ulrLf

cr>

the

Accordingly,

order.
',
y

-.l.li

r- i^-.1

appears that
prior

civen
executed

twelve

the motion
the Report
q

the untimeliness

i n

rrr

days after

Court

l-^

the

Petitioner

to the Court.'s

consErues

al.riaat-inn

Recommendation, which was entered

recommended
received

Court

execuLed the motion on ,fanuary L9, 20f6,

T"rr.\r

post-judgment

is PeLitioner's

The motion seeks "correctness

(5) (five) ."

error
this

habeas

this

S 2254.

U.s.C.

the court

t-ha

the motion
pay1,.\?f

rnrl

on December a8, 20a5.

of Petitioner's
object.ions

obiection

(it

was

were due t.o be filed)

,

(doc. no. a2) is DENIED. Moreover, on the merits,
and Recommendation Ehoroughly
rvF n !.u + t r! y v rrr

i n.r

f 1.r5t- Fh6

i 6-r16

addressed Enumerated

,.,h-ther

the

triaf

COUrt

the jury

erred. in not giving

had been procedurally

instructions,
.

S 9-14-48(d)
that

could

Petitioner's

Error

5 warrants

adopc

these

findings

hr^ ] f \ '
r Y J

Dat-i

^^ 'v
n u - ^u i i !

vf

def aul-ted under o'C.G.A.
reported

this

1-i

procedural

not overcome this
present

motion

of

the

respecting

reversaf

Court's

Report

^l-\i a.'f

i.\n

jury

copy of requested

The Report. and Recommendation further

Petitioner

NoL.hing in

a writ.ten

its

of
and

crran

default.
Enumerated
decision

Lo

Recommendation.
i f

t- imal

rr

\^r.\rr1.l

have been overruled.
oRDER ENTEREDat

Augusta,

Georgia,

*i,

UNITED STATE

/o4v

DISTRICT

JUDG

or