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Kelly v. Georgia Department of Corrections

United States District Court, M.D. Georgia, Macon Division

August 29, 2014

REGINALD KELLY, Petitioner,
v.
GEORGIA DEPARTMENT OF CORRECTIONS, et al., Respondents.

ORDER

MARC T. TREADWELL, District Judge.

This matter is before the Court on the Recommendation (Doc. 14) of United States Magistrate Judge Stephen Hyles on the Defendants' motion to dismiss (Doc. 9) Petitioner Reginald Kelly's petition for writ of habeas corpus (Doc. 1) seeking federal habeas corpus relief pursuant to 28 U.S.C. ยง 2241. The Magistrate Judge recommends granting the Defendants' motion because the Petitioner failed to exhaust his state remedies prior to filing his petition, and the Petitioner has not shown cause to excuse his lack of exhaustion.[1] The Petitioner did not file an objection to the Recommendation.

The Court has reviewed the Recommendation, and the Court accepts and adopts the findings, conclusions and recommendations of the Magistrate Judge. The Recommendation is adopted and made the order of this Court. The Defendants' motion is GRANTED, and the Petitioner's motion for credit for time served (Doc. 12) is DENIED as moot. Further, pursuant to the Magistrate Judge's Recommendation, a certificate of appealability is DENIED.

SO ORDERED.


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