Williams v. Tamez et al

Filing 25

ORDER ADOPTING the 16 Magistrate Judge's Report and Recommendations. Williams' Objections are overruled. Williams' petition for writ of habeas corpus is DISMISSED. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 3/1/2012. (csr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

FRANKLIN L. WILLIAMS,
Petitioner,
CIVIL ACTION NO.: CV5I1-083
REBECCA TAMEZ, Warden, and
MARTIN EAVES,
Respondents.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which
"Objections"' have been filed. In his Objections, Petitioner Franklin Williams ("Williams")
makes general allegations that he is actually innocent of the charges underlying his
state court convictions and that he has pursued his rights with due diligence. Williams
asserts that the Court should conduct an evidentiary hearing and grant his petition.
Williams finds fault with this Court's application of rules and case law pertaining
to the filing of second or successive petitions filed pursuant to 28 U.S.C. § 2254. As
Williams has been advised on numerous occasions, his petition is barred because he
has presented the same factual assertions and legal claims on more than one occasion.
As a result, this Court cannot entertain Williams' petition without authorization from the
1

Williams filed two (2) Motions to Amend, which the undersigned construes as part of Williams'
Objections to the Magistrate Judge's Report and Recommendation. Williams also filed a pleading entitled
"Opposition to the Magistrate Judge's Report and Recommendation".
O 72A
Rev. 8/82)

Eleventh Circuit Court of Appeals, even if his petition were not barred by 28 U.S.C. §
2244(b).
Williams' Objections are overruled. The Magistrate Judge's Report and
Recommendation is adopted as the opinion of the Court Williams' petition for writ of
habeas corpus, filed pursuant to 28 U.S.C. § 2254, is DISMISSED. The Clerk of Court
is directed to enter the appropriate judgment of dismissal.
SO ORDERED, this

1AA

day of

,2012.

LISA ODBEY WOOD, CHIEF JUDGE
UNIT D STATES DISTRICT COURT
J
SQITHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8182)

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