Opinion
Civil Action 7:11-CV-176 (HL)
06-08-2012
ERIC DEXTER DYE, Petitioner, v. JIMMIE COLSON, Warden, Respondent.
ORDER
The Recommendation (Doc. 8) of United States Magistrate Judge Thomas Q. Langstaff, entered May 16, 2012, is before the Court. The Magistrate Judge recommends that Respondent's Motion to Dismiss Complaint (Doc. 6) be granted as Petitioner's habeas petition was untimely filed and his claims are unexhausted. Petitioner has not filed an objection to the Recommendation.
The Court has reviewed the Recommendation and finds no clear error in the Magistrate Judge's decision. Accordingly, the Court accepts and adopts the Recommendation. Respondent's Motion to Dismiss Complaint (Doc. 6) is granted. The Court denies a certificate of appealability as no substantial showing of the denial of a constitutional right has been made.
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HUGH LAWSON , SENIOR JUDGE