Telfair v. Walker

Filing 17

ORDER adopting Report and Recommendations of the Magistrate Judge as the opinion of this Court and dismissing this case with prejudice. Signed by Judge B. Avant Edenfield on 2/1/2010. (loh)

2010

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

TRINITY MACARDIO TELFAIR, Petitioner, vs. VICTOR WALKER, Warden, Respondent CIVIL ACTION NO.: CV609-044

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, Telfair contends that equitable tolling is appropriate in this case because the state court appointed his trial counsel to be his counsel on appeal. Telfair also contends that the state court denied him the right to effective assistance of appellate counsel. Telfair's Objections are without merit. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Respondent's Motion to Dismiss is GRANTED. Telfair's petition for writ of habeas corpus, filed pursuant to 28

AO 72A (Rev. 8/2)

U.S.C. § 2254, is DISMISSED as being untimely filed. The Clerk of Court is authorized to enter the appropriate judgment of dismissal. SO ORDERED, this ('y of , 2010.

B. A\fr'1T EDENF ID, J(.JØGE UNITED STATES1 DISTRICT COURT SOUTHERN DIST RICT OF GEORGIA

AO 72A (Rev. 8/82)