Wright v. Williams

Filing 26

ORDER ADOPTING 22 Report and Recommendations of the Magistrate Judge as the opinion of the Court and OVERRULES Wright's Objections. The Court GRANTS Respondent's 11 Motion to Dismiss. Signed by Judge Lisa G. Wood on 7/19/2017. (ca)

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tlie tintteb :lfor Bisitrtct Court ^outliem IBiotrict of (f^eorstu l^apcrosso l9tl)ts;toii GEODONALD WRIGHT, CIVIL ACTION NO.: 5:16-cv-43 Petitioner, V. WARDEN DOUG WILLIAMS, Respondent. ORDER After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's May 8, 2017, Report and Recommendation, dkt. no. 22, to which Petitioner Geodonald Wright ("Wright") filed Objections, dkt. no. 25. Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court and OVERRXJIiES Wright's Objections.^ The Court GRANTS Respondent's Motion to Dismiss, dkt. no. 11, and DISMISSES Wright's Petition for Writ of Habeas ^ Wright argues that the one year statute of limitations under 28 U.S.C. § 2244(d)(1) should be tolled because he filed his application for state post-conviction review within the state's four year statute of limitations. Dkt. No. 25, pp. 2-3. As the Magistrate Judge stated in his Report, this argument is unavailing. Dkt. No. 22, p. 4 ("A state court filing after the federal habeas deadline does not revive the statute of limitations period applicable to Section 2254 petitions.")(quotations and citations omitted). A0 72A (Rev. 8/82) Corpus, brought pursuant to 28 U.S.C. § 2254, dkt. no. 1, as untimely filed. Additionally, the Court DENIES Wright a certificate of appealability and DENIES Wright leave to proceed in forma pauperis on appeal. The Court DIRECTS the Clerk of Court to enter the appropriate judgment of dismissal and to CLOSE this case SO ORDERED, this day of l/on. LISA ;GODBlrr'WOOD, JUDGE JNITED states DISTRICT COURT SOUTHERN^DISTRICT OF GEORGIA , 2017.

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