Lynn v. Johnson
Filing
12
ORDER adopting re 9 Report and Recommendations and denying the petition for writ of habeas corpus. Signed by Judge B. Avant Edenfield on 6/19/13. (bcw)
IN THE UNITED STATES DISTRICT COURT gi3
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION
.
I
JAMES LYNN,
Petitioner,
CIVIL ACTION NO.: CV613-014
V.
GLEN JOHNSON, 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 his Objections, Petitioner James Lynn ("Lynn") asserts that grounds
1-4 of his habeas corpus petition are not newly raised and thus, not subject to
procedural default. Essentially, Lynn restates his arguments regarding the alleged
errors committed by the state trial court. Lynn does not make any objection to the
remaining portions of the Magistrate Judge's Report.
While grounds 1-4 of Lynn's Petition are based on the same alleged trial court
errors Lynn raised in the state courts, those claims are procedurally defaulted under
Georgia's successive petition rule O.C.G.A. § 9-14-51. In his Petition, Lynn asserts
grounds 1-4 are violations of the rights guaranteed by the Fifth and Fourteenth
Amendments to the United States Constitution. (Doc. No. 1, pp. 5-10). The only
federal constitutional arguments raised by Lynn in either his direct appeal or state
habeas corpus case were based on ineffective assistance of appellate counsel. (Doc.
AO 72A
(Re*. 8/82)
No. 7-2; Doc. No. 7-6, pp. 38-45). "If a habeas petitioner wishes to claim that an
evidentiary ruling at a state court trial denied him the due process of law guaranteed by
the Fourteenth Amendment, he must say so, not only in federal court, but in state
court." Duncan v. Henry, 513 U.S. 364, 366 (1995). As the Magistrate Judge stated,
"Lynn could and should have raised these allegations in the state courts." (Doc. No. 9,
p.5). Further, Lynn does not set forth any facts or evidence which reveal that he
satisfies his burden of demonstrating actual prejudice. Coleman v. Thompson, 501
U.S. 722, 753 (1991).
Lynn's Objections are without merit. The Magistrate Judge's Report and
Recommendation is adopted as the opinion of the Court. Lynn's petition for writ of
habeas corpus, filed pursuant to 28 U.S.C. § 2254, is DENIED. The Clerk of Court is
directed to enter the appropriate judgment of dismissal.
SO ORDERED, this
day of June, 2013.
B. AVANT EDENFIELD, JfDGE /
UNITED STATES DIST5JtT COUT
SOUTHERN DISTRICT OF GEORGIA
AO 2A
(Re4 8/82)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?