Opinion
5:96-cv-00058-CAR-CHW
02-12-2024
WALTER LEE BROWN, Petitioner, v. JOHNNY C. SIKES, Respondent.
PROCEEDINGS UNDER 28 U.S.C. § 2254 BEFORE THE U.S. MAGISTRATE JUDGE
REPORT AND RECOMMENDATION
CHARLES H. WEIGLE, UNITED STATES MAGISTRATE JUDGE
Walter Lee Brown has filed his seventh motion to set aside, seeking relief from judgment pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. (Doc. 153). This motion again restates arguments raised in at least his last two motions. (Docs. 107, 128). As explained in the previous Recommendations (Docs. 110, 130) and Orders (Docs. 114, 134) denying Petitioner's earlier motions, his 60(b) motion is both untimely, as it was filed more than 25 years after his original habeas petition was denied, and barred by the law of the case doctrine, as the Court has already decided the issues in the context of Petitioner's previous motions. It is therefore RECOMMENDED that Petitioner's latest motion (Doc. 153) be DENIED.
Pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to this Recommendation, or seek an extension of time to file objections, WITHIN FOURTEEN (14) DAYS after being served with a copy thereof. Any objection is limited in length to TWENTY (20) PAGES. See M.D. Ga. L.R. 7.4. The District Judge shall make a de novo determination of those portions of the Recommendation to which objection is made. All other portions of the Recommendation may be reviewed for clear error.
The parties are further notified that, pursuant to Eleventh Circuit Rule 3-1, “[a] party failing to object to a magistrate judge's findings or recommendations contained in a report and recommendation in accordance with the provisions of 28 U.S.C. § 636(b)(1) waives the right to challenge on appeal the district court's order based on unobjected-to factual and legal conclusions if the party was informed of the time period for objecting and the consequences on appeal for failing to object. In the absence of a proper objection, however, the court may review on appeal for plain error if necessary in the interests of justice.”
SO RECOMMENDED