Oliver v. Hart

Filing 15

ORDER granting 7 Motion to Dismiss; adopting Report and Recommendations of the Magistrate Judge as the opinion of this Court re 12 Report and Recommendations.. Signed by Judge B. Avant Edenfield on 8/24/2009. (mah)

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

2009 AUG 24

M

MONROE OLIVER, Petitioner, vs. DARRELL HART, Warden, Respondent. ORDER On July 21, 2009, Magistrate Judge James E. Graham entered a Report recommending that Respondent's Motion to Dismiss be granted. The Report also recommended that the petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254 be dismissed, as it was not timely filed. Petitioner's Objections are not responsive to the Report and Recommendation. After an independent review of the record including, Petitioner's objections, the Court concurs with the Magistrate Judge's Report and Recommendation and adopts it as the opinion of the Court. Respondent's Motion to Dismiss is GRANTED. The petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, is dismissed, with prejudice. The Clerk of Court is hereby authorized and directed to enter an appropriate Judgment of Dismissal. SO ORDERED, this : CIVIL ACTION NO.: CV608-112

Z./(

day of

,2009.

A ANT AVANT EDENFI1J, JUXE UNITED STATES STRIC COURT SOUTHERN DISTRICT OF GEORGIA

AO 72A (Rev. 8/82)