JOINER v. HOUSTON COUNTY SHERIFF DEPARTMENT

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
__MACON DIVISION
ERVIN JOINER, 	:
:
Petitioner, 	:
:
VS. 	:
: 	NO. 5:25-cv-00145-TES-CHW
HOUSTON COUNTY 	:
SHERIFF DEPARTMENT, 	:
:
Respondent. 	:
_________________________________
ORDER
Petitioner Ervin Joiner, a prisoner in the Coffee Correctional Facility in Nicholls,
Georgia, filed a handwritten document that was docketed in this Court as a civil rights
complaint under 42 U.S.C. § 1983. 	ECF No. 1. 	Thereafter, Petitioner recast his
complaint as a § 2254 habeas corpus petition challenging his March 3, 2025, conviction in
the Houston County Superior Court. 	ECF No. 10. 	On preliminary screening, it was
recommended that the petition be denied based on Petitioner’s failure to exhaust his state
court remedies and that Petitioner be denied a certificate of appealability or leave to
proceed on appeal in forma pauperis. 	ECF No. 11.
The recommendation of dismissal inadvertently omitted the language notifying
Petitioner of his right to object to the dismissal. 	Therefore, Petitioner is now informed
that, pursuant to 28 U.S.C. § 636(b)(1), the parties may serve and file written objections to
the October 24, 2025, recommendation of dismissal with the District Judge to whom this
case is assigned, WITHIN FOURTEEN (14) DAYS after being served with a copy of this
order. 	Any objection is limited in length to TWENTY (20) PAGES. See M.D. Ga. L.R.
7.4. 	Any party may seek an extension of time in which to file written objections, provided
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a request for an extension is filed prior to the deadline for filing written objections. 	Failure
to object in accordance with the provisions of § 636(b)(1) waives the right to challenge on
appeal the district judge’s order based on factual and legal conclusions to which no
objection was timely made. 	See 11th Cir. R. 3-1.
Out of an abundance of caution, the clerk is DIRECTED to forward Petitioner a
copy of the recommendation of dismissal (ECF No. 11) along with his service copy of this
order.
SO ORDERED, this 21st day of November, 2025.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
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