AHMED v. LAUGHLIN

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATIONS 17 . The Court OVERRULES Plaintiff's Objections and ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court DENIES Ahmeds § 2254 Petition, DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate judgment of dismissal, and DENIES Ahmed in forma pauperis status on appeal and a Certificate of Appealability. Signed by District Judge R. Stan Baker on 2/18/20. (jrb)

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

ELWALEED AHMED,
Petitioner,

CIVIL ACTION NO.: 6:18-cv-46

v.
VANCE LAUGHLIN,
Respondent.

ORDER
The Court has conducted an independent and de novo review of the entire record and
concurs with the Magistrate Judge’s Report and Recommendation, (doc. 17). Petitioner Elwaleed
Ahmed (“Ahmed”) filed Objections to this Report and Recommendation, (doc. 18).
The Magistrate Judge recommended the Court deny Ahmed’s 28 U.S.C. § 2254 Petition
based on three grounds: 1) Ahmed did not show the state courts’ adjudications on the sufficiency
of evidence and the motion to suppress were contrary to or an unreasonable application of clearly
established federal law, and thus, were not entitled to deference under § 2254(d); 2) Ahmed’s
invalid indictment claim was barred by Georgia’s successive petition rule; and 3) Ahmed’s
ineffective assistance of counsel claim was defaulted under Georgia law. (Doc. 17, pp. 3–10.)
Instead of objecting to the substance of the Magistrate Judge’s Report and Recommendation,
Ahmed continues to challenge the state courts’ determinations regarding his motion to suppress,
which the trial court denied. (Doc. 18). Ahmed’s Objections are in no way responsive to the
Report and Recommendation.

Accordingly, the Court OVERRULES Plaintiff’s Objections and ADOPTS the Magistrate
Judge’s Report and Recommendation as the opinion of the Court. The Court DENIES Ahmed’s
§ 2254 Petition, DIRECTS the Clerk of Court to CLOSE this case and enter the appropriate
judgment of dismissal, and DENIES Ahmed in forma pauperis status on appeal and a Certificate
of Appealability.
SO ORDERED, this 18th day of February, 2020.

R. STAN BAKER
UNITED STATES DISTRICT JUDGE
SOUTHERN DISTRICT OF GEORGIA

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