McKenzie v. Berry

Filing 26

ORDER ADOPTING 24 Report and Recommendations, GRANTING 14 Motion to Dismiss filed by Walter Berry, DISMISSING McKenzie's 2254 Petition, DENYING McKenzie in forma pauperis status on appeal and a Certificate of Appealability, and CLOSING this case. Signed by Judge J. Randal Hall on 03/07/2017. (maa)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION CHRISTOPHER MICHAEL MCKENZIE Petitioner, CIVIL ACTION NO.: 6:16-cv-48 v. WARDEN WALTER BERRY, Respondent. ORDER After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, (doc. 24), to which Christopher McKenzie ("McKenzie") filed Objections. In his Objections, McKenzie asserts that, once he learned of his attorney's ineffective assistance in 2014, he began pursuing his rights diligently. (Doc. 25, p. 1.) However, McKenzie knew of or should have known of the facts underlying his ineffective assistance of counsel claims no later than November 10, 2011, which was the date of his conviction and sentence. McKenzie offers no explanation why he waited nearly three years after his conviction became final on December 10, 2011, to file a state habeas corpus petition on October 22, 2014, nor does McKenzie otherwise show that he was pursuing his rights diligently prior to thatfiling. The Court OVERRULES McKenzie's Objections. Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court GRANTS Respondent's Motion to Dismiss, (doc. 14), DISMISSES McKenzie's 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus, DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal, and DENIES McKenzie informa pauperis status on appeal and a Certificate of Appealability. SO ORDERED, this day of March, 2017. HONORABLE J. RANDAL HALL UNITED SPATES DISTRICT JUDGE DISTRICT OF GEORGIA

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