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Smith v. United States

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION
Apr 23, 2013
No. 3:06-CR-33 (CAR) (M.D. Ga. Apr. 23, 2013)

Opinion

No. 3:06-CR-33 (CAR) No. 3:12-CV-90131 (CAR)

04-23-2013

KITTY SMITH, Petitioner, v. UNITED STATES OF AMERICA, Respondent.


Proceeding under 28 U.S.C. § 2255


ORDER ON THE REPORT AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

Before the Court is the Recommendation of the United States Magistrate Judge [Doc. 229] to dismiss Petitioner Kitty Smith's Motion to Vacate, Set Aside, or Correct her Sentence pursuant to 28 U.S.C. § 2255 [Doc. 222] as untimely. Petitioner, proceeding pro se, has filed an Objection [Doc. 230] to the Recommendation. After thoroughly considering the merits of Plaintiff's objections, the Court finds them to be without merit and agrees with the findings and conclusions of the United States Magistrate Judge that because Petitioner failed to file her Section 2255 petition within the one-year period of limitations and because she has failed to show that she is entitled to equitable tolling or that she is actually innocent of the crimes for which she was convicted, the petition must be dismissed as untimely. Thus, the Magistrate Judge's Recommendation [Doc. 229] is ADOPTED and MADE THE ORDER OF THE COURT, and Petitioner's Motion to Vacate, Set Aside, or Correct her Sentence pursuant to 28 U.S.C. § 2255 [Doc. 222] is DISMISSED as untimely.

Additionally, because Petitioner has failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability is DENIED.

________________________

C. ASHLEY ROYAL

UNITED STATES DISTRICT JUDGE
SSH


Summaries of

Smith v. United States

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION
Apr 23, 2013
No. 3:06-CR-33 (CAR) (M.D. Ga. Apr. 23, 2013)
Case details for

Smith v. United States

Case Details

Full title:KITTY SMITH, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION

Date published: Apr 23, 2013

Citations

No. 3:06-CR-33 (CAR) (M.D. Ga. Apr. 23, 2013)