Smith v. Caldwell, No. 1:2018cv02166 - Document 12 (N.D. Ga. 2018)

Court Description: OPINION AND ORDER ADOPTING the Magistrate Judge's 10 Final Report and Recommendation. Petitioner's 6 amended petition for writ of habeas corpus is hereby DISMISSED for failure to exhaust available state remedies and he is DENIED a Certificate of Appealability. Signed by Judge Amy Totenberg on 7/10/2018. (sap)

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Smith v. Caldwell Doc. 12 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION H.T. SMITH, GDC ID 1298426, : : : : : : : : : : Petition er, v. ANTOINE CALDWELL, Responden t. CIVIL ACTION NO. 1:18-cv-2166-AT-CMS ORD ER This m atter is before the Court on the Magistrate J udge’s Report and Recom m endation [Doc. 10 ] that Petition er’s pro se am en ded petition for writ of habeas corpus be dism issed for failure to exhaust available state rem edies and that a Certificate of Appealability be denied. No objections have been filed in response to the Magistrate J udge’s Report and Recom m endation. Therefore, in accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the Court has reviewed the Magistrate J udge’s Recom m endation for clear error and finds n one. Accordingly, the Court AD OPTS the Magistrate J udge’s Report and Recom m endation as the opinion of the Court. For the reasons stated in Magistrate J udge’s Report and Recom m endation, Petitioner’s pro se am ended petition for writ of habeas corpus is D ISMIS SED for failure to exhaust available state rem edies and he is D EN IED a Certificate of Appealability. Dockets.Justia.com IT IS SO ORD ERED this 10 th day of J uly, 20 18. _____________________________ Am y To te n be rg U n ite d State s D is trict J u d ge 2

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