Alexander v. State of Georgia

Filing 10

ORDER granting in part 9 Motion for corrective Order re 8 Order on Motion for Extension of Time to File Response re 3 REPORT AND RECOMMENDATIONS. Signed by Magistrate Judge G. R. Smith on 8/4/2015. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
ROBERT ALEXANDER,
Petitioner,
v.
STATE OF GEORGIA,
Respondent.

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Case No. CV415-032

ORDER
Robert Alexander moves the Court to modify its earlier order
granting him additional time to object to the Court’s recommendation
that his 28 U.S.C. § 2254 petition be dismissed as untimely. Doc. 9
(motion for corrective order); docs. 5 & 7 (motions for additional time);
doc. 3 (Report and Recommendation). His first motion for an extension,
filed on May 18, 2015, sought until July 21, 2015 to file an objection.
Doc. 5 (requesting an additional 60 days from the May 21, 2015
objections deadline). His second motion, filed July 10, 2015, also
requested an additional 60 days. Doc. 7 at 2. The Court granted
petitioner additional time, ordering that he file his objections by the July

21, 2015 deadline he requested in his first motion. Docs. 5 (deadline of
July 21, 2015 requested); doc. 8 (order granting extension).
That date was not a mistake, 1 but neither is the Court wont to
deprive petitioner of an opportunity to object when allowing additional
time will not prejudice the State. Accordingly, the Court GRANTS IN

PART petitioner’s motion for corrective order. Doc. 9. He may not wait
until September, see doc. 9 at 1, but he is allowed an additional 14 days
from the date this Order is served to file his objections. This is a final
extension, however.

SO ORDERED this 4th day of August, 2015.

L1NIIED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

1

Over two months have now passed since petitioner first sought additional time to
object. He could have, and should have, used that time to perfect his objections. Too,
he gives no reason why he now needs until September 2015, doc. 9, when he
originally sought an extension until July 2015. Doc. 5.