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)

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. § 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