Hart v. U.S.

Full title: STANLEY HART, Petitioner, v. UNITED STATES OF AMERICA, Respondent

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

Date published: Jul 1, 2009

CASE NO. 5:09-CV-90052. CASE NO. 5:03-CR-16(HL) (M.D. Ga. Jul. 1, 2009)

Opinion

CASE NO. 5:09-CV-90052. 28 U.S.C. § 2255, CASE NO. 5:03-CR-16(HL).

July 1, 2009

ORDER

HUGH LAWSON, District Judge

This case is before the Court on the Report and Recommendation (Doc. 21) ("R R") of United States Magistrate Judge G. Mallon Faircloth on Petitioner Stanley Hart's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (Doc. 19). The R R recommends denying the Motion as being time barred. Petitioner has filed an Objection (Doc. 22) as permitted by 28 U.S.C. § 636(b)(1). The Court has thoroughly considered Petitioner's Objection and has made a de novo review of the R R.

As explained by the Magistrate Judge, Petitioner's Motion is well outside the AEDPA statute of limitations as contained in § 2255(f). The Court agrees with the Magistrate Judge's reasoning and conclusions as set forth in the R R. Petitioner has presented nothing to suggest that he was previously unable to discover the facts supporting his claim through the exercise of due diligence. Accordingly, the R R (Doc. 21) is adopted and made the order of this Court. Petitioner's Motion to Vacate, Set Aside, or Correct his Sentence Pursuant to 28 U.S.C. § 2255 (Doc. 19) is dismissed.

SO ORDERED.