Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Clemens v. Gramiak

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

January 15, 2015

TRENT D. CLEMENS, Petitioner,
v.
TOM GRAMIAK, Respondent.

ORDER

MARC T. TREADWELL, District Judge.

Before the Court is the Recommendation of Magistrate Judge Stephen Hyles. (Doc. 17). The Magistrate Judge recommends granting the Respondent's motion to dismiss (Doc. 7) and dismissing the Petitioner's application for writ of habeas corpus pursuant to 28 U.S.C. § 2254 as untimely.[1] The Magistrate Judge further recommends denying a certificate of appealability. The Petitioner has not objected 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. Accordingly, the Respondent's motion to dismiss is GRANTED, and the petition is DISMISSED. A certificate of appealability is DENIED for the reasons stated in the Recommendation. Additionally, because there are no non-frivolous issues to raise on appeal, an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). Accordingly, any motion to proceed in forma pauperis on appeal is DENIED.

SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.