FAMBROUGH v. WARDEN COFFEE CORRECTIONAL FACILITY

3:25-cv-00120GamdDec 1, 2025

Full text

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
CRAIG JASON FAMBROUGH,
Petitioner,
v.
Commissioner TYRONE OLIVER,
Respondent.1
Case No. 3:25-cv-120-TES-AGH
ORDER ADOPTING THE UNITED STATES
MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION
On October 29, 2025, the United States Magistrate Judge filed a Report and
Recommendation (“R&R”) and ultimately recommended that Respondent Tyrone
Oliver’s motion to dismiss Petitioner’s application for habeas corpus relief under 28
U.S.C. § 2254 be granted and that, furthermore, a certificate of appealability should be
denied. [Doc. 13]. Plaintiff has not timely filed an objection or sought an extension of
time to file an objection within the 14-day period outlined in the magistrate judge’s
R&R. [Id., p. 6]. Thus, the Court reviews the R&R for clear error. See 28 U.S.C. §
636(b)(1), in connection with Fed. R. Civ. P. 6(a)(1) & (d).
1 Petitioner originally identified the warden of Coffee County Correctional Facility as the respondent.
[Doc. 1]. However, because Coffee County Correctional Facility is a private prison under contract with
the state of Georgia, Tyrone Oliver—the Georgia Department of Corrections Commissioner—moved to
intervene as Respondent. [Doc. 6]. The Court granted that motion on August 11, 2025. [Doc. 12].
Case 3:25-cv-00120-TES-AGH Document 14 Filed 12/01/25 Page 1 of 2
2
Having considered the R&R, the Court finds no clear enumeration of error and
agrees with the findings and conclusions of the United States Magistrate Judge.
Therefore, the Court ADOPTS the United States Magistrate Judge’s R&R [Doc. 13] and
MAKES IT THE ORDER OF THE COURT. Accordingly, the Court GRANTS
Respondent’s Motion to Dismiss [Doc. 9] and DISMISSES Petitioner’s application for a
writ of habeas corpus [Doc. 1] as untimely. The Court further DENIES a certificate of
appealability.
SO ORDERED, this 1st day of December, 2025.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT
Case 3:25-cv-00120-TES-AGH Document 14 Filed 12/01/25 Page 2 of 2

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.