O'Neal v. Duffey

Full title: RODNEY O'NEAL, Petitioner, v. TERRY DUFFEY, Warden, Respondents

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

Date published: Sep 21, 2010

CASE NO.: 1:09-CV-98 (WLS) (M.D. Ga. Sep. 21, 2010)

Opinion

CASE NO.: 1:09-CV-98 (WLS).

September 21, 2010

ORDER

W. SANDS, Chief Judge

Before the Court is a Report and Recommendation from United States Magistrate Judge Thomas Q. Langstaff, filed June 28, 2010. (Doc. 12). It is recommended that Respondent Warden's Motion to Dismiss (Doc. 8) be granted.

The Report and Recommendation provided the Parties with fourteen (14) days to file written objections to the recommendations therein. (Doc. 12). The period for objections expired on Wednesday, July 14, 2010;¹ no objections have been filed to date. (See Docket).

1 Pursuant to Federal Rule of Civil Procedure 6(a)(2), the period excluded July 5, 2010, the federal holiday of Independence Day.

Upon full review and consideration upon the record, the Court finds that said Report and Recommendation (Doc. 12) 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, Respondent Warden's Motion to Dismiss (Doc. 8) is GRANTED, and Petitioner's Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED as untimely.

SO ORDERED.