IVEY v. HATCHER

Filing 19

ORDER ADOPTING 17 Report and Recommendations, GRANTING 14 Motion to Dismiss filed by Shay Hatcher. Petitioner's petition is DISMISSED for failure to exhaust. Petitioner is not entitled to a Certificate of Appealability, rendering moot any request to proceed in forma pauperis on appeal. The Clerk of Court is DIRECTED to close this case. Signed by Judge William T. Moore, Jr on 9/25/18. (trb)

FILED

U.S.DISTRICT COURI
SAVANNAH DIV.
IN THE UNITED STATES DISTRICT COURT FOR

THE SOUTHERN DISTRICT OF GEORGIa2011 SFP 25 AH I!* 51
SAVANNAH DIVISION

CLERK

SO.DiST. OFGA.

BRIAN JAMES IVEY,

Petitioner,
CASE NO. CV418-057

V,

SHAY HATCHER, Warden,

Respondent.

ORDER

Before

the

Recommendation
(Doc.

18).

Court

(Doc.

In

the

is

the

17), to
report

Magistrate

which

and

Judge's

objections

have

recommendation,

the

Report

been

and

filed

Magistrate

Judge recommends that this Court dismiss Petitioner's Petition
for

Writ

of

Habeas

Corpus

because

Petitioner

has

an

ongoing

state habeas proceeding. In his objections. Petitioner contends
that his petition should not be dismissed because there has been
an

exceedingly

proceeding.

unexplained

Upon

long

delay

review

delay in

of

in
the

his

ongoing

record,

Petitioner's state

state

there

has

habeas
been

an

habeas proceeding. The

record shows that he filed his petition in the Superior Court of

Hancock County in 2006 and that the case

has remained dormant

for many years.

Although

Petitioner

is

correct

that

his

case

was

delayed

for many years, the record also shows that in June of this year

an

evidentiary

habeas

case.

Petitioner's
Petitioner

hearing
Because

state
has

Accordingly,

was

a

the

scheduled

there

habeas
viable

report

has

in

been

proceeding,

state

and

Petitioner's
recent

it

procedure

is

movement

clear

available

recommendation

is

state

to

ADOPTED

as

in

that
him.
the

Court's opinion in this case. As a result. Petitioner's petition
(Doc.

1)

is

DISMISSED

for

failure

to

exhaust

and

Respondent's

Motion to Dismiss (Doc. 14) is GRANTED. In addition. Petitioner

is

not

moot

entitled

any

request

to

to

a

Certificate

proceed

in

of

forma

Appealability,

pauperis

on

rendering

appeal.

Clerk of Court is DIRECTED to close this case.

SO ORDERED this

—

day of September 201

WILLIAM T. MOORE,
UNITED STATES
SOUTHERN

DISTRICT

DISTRICT

COURT

OF GEORGIA

The