Opinion
Civil Action 2:22-CV-00236
05-17-2023
RONALD SHANKLIN Petitioner, v. BOBBY LUMPKIN, Respondent.
ORDER ACCEPTING FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
DREW B. TIPTON, UNITED STATES DISTRICT JUDGE
Pending before the Court is the April 25, 2023, Memorandum and Recommendation (“M&R”) prepared by Magistrate Judge Julie K. Hampton. (Dkt. No. 15). Judge Hampton made findings and conclusions and recommended that Respondent's Motion to Dismiss with Brief in Support, (Dkt. No. 14), be granted, and a certificate of appealability be denied. (Dkt. No. 15).
The Parties were provided proper notice and the opportunity to object to the M&R. See 28 U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b). On April 28, 2023, Respondent filed one objection. (Dkt. No. 17). Respondent agrees with Judge Hampton's recommendation but maintains that Petitioner's conviction became final on October 12, 2020. (Id. at 2). Petitioner did not file any objections.
In accordance with 28 U.S.C. § 636(b)(1)(C), the Court is required to “make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection [has been] made.” After conducting this de novo review, the Court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” Id.; see also Fed.R.Civ.P. 72(b)(3).
The Court has carefully considered de novo those portions of the M&R to which objection was made, and reviewed the remaining proposed findings, conclusions, and recommendations for plain error. Finding no error, the Court accepts the M&R and adopts it as the opinion of the Court. It is therefore ordered that:
(1) Judge Hampton's M&R, (Dkt. No. 15), is ACCEPTED and ADOPTED in its entirety as the holding of the Court;
(2) Respondent's Motion to Dismiss with Brief in Support, (Dkt. No. 14), is GRANTED; and
(3) A certificate of appealability is DENIED.
It is SO ORDERED.