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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JEREMYANTWUNSMITH,
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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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