Opinion
Case No. 1:09-cv-102 (WLS).
November 10, 2011
ORDER
Before the Court is a Report and Recommendation from United States Magistrate Judge Thomas Q. Langstaff, filed October 12, 2011. (Doc. 49). It is recommended that Petitioner's 28 U.S.C. § 2254 habeas corpus petition, which challenges Petitioner's 2006 Dougherty County pleas to aggravated assault and felony obstruction, convictions for criminal damage to property and theft by taking, and probation revocation ( see Doc. 2), be denied due to procedural default — that is, Petitioner's failure to raise in state court several of the grounds for habeas relief asserted in his § 2254 Petition; a lack of legal merit as to Petitioner's ineffective assistance of counsel claims; and Petitioner's failure to state a cognizable claim under § 2254. (Doc. 49 at 3-9). The Court's denial of Petitioner's certificate of appealability is also recommended. ( Id. at 10).
The Report and Recommendation provided the Parties with fourteen (14) days from the date of its service to file written objections to the recommendations therein. ( Id.). The period for filing objections expired on Monday, October 31, 2011; no objections have been filed to date. ( See Docket).
The Parties were given an additional three days because service was made by mail. See Fed.R.Civ.P. 6(d) (adding three days to specified period within which a party may act if service is made under Rule 5(b)(2)(C) by mailing process to a party's last known address).
Pursuant to Fed.R.Civ.P. 6(a)(1)(C), because the actual deadline for filing objections — Saturday, October 29, 2011 — fell on a weekend, the deadline was extended to Monday, October 31, 2011. See Fed.R.Civ.P. 6(a)(1)(C).
Upon full review and consideration of the record, and in view of the absence of any objection from the record, the Court finds that U.S. Magistrate Judge Thomas Q. Langstaff's October 12, 2011 Report and Recommendation (Doc. 49) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein. Accordingly, Plaintiff's federal habeas corpus petition, filed pursuant to 28 U.S.C. § 2254 ( see Doc. 2), is DENIED.
The Court further DENIES Petitioner a certificate of appealability for failure to make a substantial showing of the denial of a constitutional right, sufficient to issue a certificate of appealability. See 28 U.S.C. § 2253(c)(2).
SO ORDERED.