SMITH v. EMMONS

Filing 10

ORDER ADOPTING 8 Report and Recommendations denying the 2254 1 Petition and granting the 2 Motion for Leave to Proceed in forma pauperis filed by Jeremy Antwun Smith. The Clerk is directed to close the case. Signed by Judge William T. Moore, Jr. on 5/29/18. (wwp)

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I u.s.o,ShFfrouo, rN rHE uNfxEDsrArus DrsrRrcr couar r6iV,4,Hl{A$bii."' TgE SOT'THERN DISTRICT OF GEORGIA.. llJlEHiY2gpll trr$3 DrvrsroN sAvArirNAB JEREMYANTWUNSMITH, T,LL D61-ifi^nar CASENO. CV418-OB1 SEAN EMMONS, WARDEN D6 e^^h.i an t- ORDER Before rhe Corrrt is Recornrnenda on tj (Doc. filed record, are (Doc. 9). the case. As a (Doc. 1) to a any is resu-lt, DENfED. In requesL of for C-lerk of Court is I in Court/ s ReporL and haVe review of been the obiections Report opinion in and this 2B U.S.C. S 2254 petition Petitioner is Appealability fo rma pauperi s D I R E C T E Dt o novo the the addition, :nng Petitioner's Aranrrlinal:t Petitioner:/s Judge's nl- icn- de careful ADOPTED as is Certificate a wh i-h concl-udes that marit Recommendation -.) 8) After Court wlthout Lhe Magisrrale close ("COA")/ status this not entitled rendering on a p p e a1 . t moot The case, Magistrate Judge did not rule on Petitioner's Motion Leave to for Proceed Forma In (Doc. 2.) The Court has reviewed that motion and Pauperis. delermined that it should be GRANTED.However, Petitioner is not entitled to leave to Proceeu ln forma pauperrs on Ar-r-areli ^.r r.1 lha dnalzaF ih6 In his r 6 t - i -! e ^ .! v r ! i i- t,!! objections, -:-^r,' because h im exhausti ng his The error one-year was in was filed habeas petrtjon his bv Filino roIl. is the 284 the pursued his time inn to a . to che E.3d 1,259 (1lth In more than Hooks, entjrled in this jndjcate rights co that peLitioner and was prevented it cannor period has Bridses is Cir. 2002) r -i m e l y after fittle both frorn filing state conviction unable Lhe extraordinary There is 560 LEE!Sf where case, af habeas] Istate (11th n.1 Court ve>ar 2000) ) ) ; one year this t.he one- lc)ting Cir. unrimely addition, is l2A2 jr a federal nna LhaL petiEion.', tJ L20Lt if his resulr, a file r^rirhin period 2. ) thar Lo roLI ("WhiIe ,.ft . vl zr , a r y a because See McCfoud v. 2009) per j C.ion tolling record Cir. 1256, filed Petj Lioner equitabfe neril finaL. f il inE federaL became flnal) sf.tc limLtations 199 F.3d habeas petition thar (11th to Johnson, (f -nding his As a coll rng motr.on under S 2244td) \Zl, exp i.red prior v. l-he one-year Moore, but js rrds rime.1' because he failed becoming 1"223t 1221 petition v. expired convlction F.3d years, four 1 tirne Petitioner the habeas per.it ion. state S 2254 (Doc. 9 at however, during tolled habeas peL rt ion stace within clock a wr'hin f ilF.i reasonlrg, his that habeas proceedings, was not tile argues waS iL PeciLioner's to P e Li L i o n e r / s vear state deadfine abl e Petitioner to find renedy of evidence in diflgently a tirnef y nFf i + i.\r.l Elorida, h!/ c^mo 560 U.S e } , 1 -r 4 a r d inarrr r - - :r a j t n s t a n C e . See Ho.lland v. 6 3 1, 6 4 9 ( 2 0 1 4 ) . So ORDERED is tn 2?4ay of May 2018 WIILIAM T. MOORE, JR U N ] T E D S T A T E SD I S T R I C T C O U R T SOUTHERN DTSTRICT OF GEORGTA

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