Roberson v. Warden

Filing 25

ORDER granting 10 Motion to Dismiss; adopting Report and Recommendations dismissing case 18 Report and Recommendations.. Signed by Judge B. Avant Edenfield on 2/1/2010. (wwp)

29FE-i

10: 31

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

CAROL SUE ROBERSON, Petitioner,
V.

CIVIL ACTION NO.: CV609-017

TONY HOWERTON, WARDEN, Respondent.

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 her Objections, Roberson asserts the gatekeeping provisions of 28 U.S.C. § 2244(b) should not apply to an indigent, pro se petitioner for 20 years. Roberson also asserts that the sentencing court erred by not allowing her to withdraw her plea. Robersons Objections are without merit and are not responsive to the Magistrate Judge's Report and Recommendation. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Respondent's Motion to Dismiss is GRANTED. Roberson's petition for writ of habeas corpus, filed pursuant to

AO 72A (Rev /82)

28 U.S.C. § 2254, is DISMISSED as being a second or successive petition. The Clerk of Court is authorized to enter the a ropriate judgment of dismissal. SO ORDERED, this

44ay of

, 2010.

B'AV1NT E[ F I E LD,( JUDGE UNITED STA 'S DISTRICT COURT SOUTHERN ISTRICT OF GEORGIA

AO 72A (Rev. 8/82)