Lowe v. Terry

Full title: GREGORY LOWE, Petitioner, v. WILLIAM M. TERRY, Respondent

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

Date published: Dec 8, 2010

CIVIL ACTION NO. 5:10-CV-4 (MTT) (M.D. Ga. Dec. 8, 2010)

Opinion

CIVIL ACTION NO. 5:10-CV-4 (MTT).

December 8, 2010

ORDER

MARC TREADWELL, District Judge

This matter is before the Court on the Recommendation (Doc. 18) of United States Magistrate Judge Charles H. Weigle. The Magistrate Judge recommends granting the Respondent's Motion to Dismiss (Doc. 9) because the Petition (Doc. 1) was filed outside the applicable limitations period and the Petitioner has failed to show any cause for tolling the limitations period. The Petitioner has filed an Objection (Doc. 19) to the Recommendation. Pursuant to 28 U.S.C. § 636(b)(1), the Court has considered the Plaintiff's Objection and has made a de novo determination of the portions of the Recommendation to which the Petitioner objects.

The Recommendation is adopted and made the order of this Court. The Respondent's Motion to Dismiss is GRANTED, and the Petition is DISMISSED. SO ORDERED, this 8^th day of December, 2010.