FAMBROUGH v. WARDEN COFFEE CORRECTIONAL FACILITY

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].
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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
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