Wright v. Williams
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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CIVIL ACTION NO.: 5:16-cv-43
WARDEN DOUG WILLIAMS,
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
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).
Corpus, brought pursuant to 28 U.S.C. § 2254, dkt. no. 1, as
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
l/on. LISA ;GODBlrr'WOOD, JUDGE
JNITED states DISTRICT COURT
SOUTHERN^DISTRICT OF GEORGIA
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