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Day v. Hall

United States District Court, M.D. Georgia, Macon Division
Oct 13, 2006
Case No. 5:06-cv-52 (CAR) (M.D. Ga. Oct. 13, 2006)

Opinion

Case No. 5:06-cv-52 (CAR).

October 13, 2006


ORDER ON THE UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION


Before the Court is the United States Magistrate Judge's Recommendation [Doc. 13] that Respondents' Motion to Dismiss be granted. Petitioner has filed an Objection to the Recommendation [Doc. 14]. Having considered the matter de novo, the Court agrees with the Recommendation.

Through the instant habeas corpus petition, Petitioner challenges the decision of the Georgia Board of Pardons and Parole to deny him parole. The United States Magistrate Judge recommended dismissing the instant federal habeas corpus petition as untimely under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), 42 U.S.C. § 2244(d), because the factual predicate for Petitioner's claim occurred when the Georgia Board of Pardons and Paroles first denied him parole, on August 9, 1996.

In his Objection, Petitioner argues that he seeks federal habeas corpus relief from his second parole denial, which occurred on April 1, 2004. However, it is apparent that the same facts upon which he challenges his 2004 parole denial were present and known to him in 1996. Accordingly, the Recommendation is HEREBY ADOPTED AND MADE THE ORDER OF THE COURT.

SO ORDERED.


Summaries of

Day v. Hall

United States District Court, M.D. Georgia, Macon Division
Oct 13, 2006
Case No. 5:06-cv-52 (CAR) (M.D. Ga. Oct. 13, 2006)
Case details for

Day v. Hall

Case Details

Full title:ROGER C. DAY, Petitioner, v. HILTON HALL, Warden, and MILTON NIX…

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

Date published: Oct 13, 2006

Citations

Case No. 5:06-cv-52 (CAR) (M.D. Ga. Oct. 13, 2006)

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