Journey v. Nelson

Full title: CHARLIE JOURNEY, Petitioner, v. CYNTHIA NELSON, Warden, Respondent

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

Date published: Mar 23, 2007

5:06-CV-136 (CAR) (M.D. Ga. Mar. 23, 2007)

Opinion

5:06-CV-136 (CAR).

March 23, 2007

ORDER

C. ROYAL, District Judge

Before the Court is the United States Magistrate Judge's Recommendation [Tab 17] to grant Respondent's Motion to Dismiss [Tab 9] the instant federal habeas corpus petition as untimely under the Anti-Terrorism and Effective Death Penalty Act (AEDPA), 28 U.S.C. § 2244(d) because the petition was not filed within the one-year "grace period" afforded state and federal prisoners whose convictions were final on April 24, 1996. Petitioner has filed an Objection to the Recommendation [Doc. 19]. This Court, having reviewed the matter de novo, agrees with the Recommendation of the United States Magistrate Judge. The Recommendation is therefore ADOPTED and MADE THE ORDER OF THE COURT.

SO ORDERED.