Travis Lamont Betterson v. Warden Charles Mims

CourtDistrict Court, S.D. Georgia
DecidedDecember 29, 2025
Docket4:25-cv-00252
StatusUnknown

This text of Travis Lamont Betterson v. Warden Charles Mims (Travis Lamont Betterson v. Warden Charles Mims) is published on Counsel Stack Legal Research, covering District Court, S.D. Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Travis Lamont Betterson v. Warden Charles Mims, (S.D. Ga. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION

TRAVIS LAMONT BETTERSON,

Petitioner, CIVIL ACTION NO.: 4:25-cv-252

v.

WARDEN CHARLES MIMS,

Respondent.

O RDER Before the Court is the Magistrate Judge’s October 22, 2025 Report and Recommendation, (doc. 3), to which objections have been filed, (doc. 7). The Magistrate Judge recommended that Betterson’s 28 U.S.C. § 2254 Petition, (doc. 1), be dismissed as untimely. (See, e.g., doc. 8, p. 4.) As the Magistrate Judge correctly recognized, the one-year statute of limitations on § 2254 petitions runs so long as no direct appeal or state collateral proceeding is pending and is not restarted by any new filing. (Id. at pp. 4—6); see also, e.g., 28 U.S.C. § 2244(d). Betterson’s Objection “concedes the procedural history as stated in the magistrate Judge’s [sic] report and recommendations.” (Doc. 7, p. 1.) He, therefore, concedes that his Petition was untimely. The Magistrate Judge also considered whether there was any basis for equitable tolling or assertion of actual innocence, despite the Petition’s failure to assert either. (See doc. 3, pp. 7--9; see also doc. 1, pp. 28—29.) Betterson’s Objection asserts several wholly novel arguments that he is entitled to equitable tolling, but does not assert that the Magistrate Judge’s analysis of the Petition was incorrect. (Doc. 7, pp. 1—3.) The Court, therefore, ADOPTS the Magistrate Judge’s Report and Recommendation. (Doc. 3.) Because, as explained below, Betterson’s attempt to assert that he is entitled to equitable tolling are both procedurally and substantively meritless, those new arguments are unavailing and the Petition is DISMISSED as untimely. (Doc. 1.) The Petition does not assert any entitlement to equitable tolling. (See doc. 1, pp. 28—29.) Betterson’s Objection argues, for the first time, that he is entitled to equitable tolling, first, “due to

prison administration’s deprivation / denial of access to Law Library research materials and computer time . . . .” (Doc. 7, p. 1.) It argues that he is also entitled to equitable tolling “due to petitioner’s egregious attorney misconduct by failing to release complete file and evidence promptly after final orders were issued on State Habeas Corpus on November 1, 2024.” (Id. at p. 2.) He also identifies efforts he made to diligently pursue his rights by filing a grievance with his prison’s administration concerning his access to legal materials and a complaint against his attorney with the State Bar of Georgia. (Id.) He has attached documents that he contends are proof of those efforts. (Id. at pp. 5—12.) As explained below, his novel assertion of those arguments in his Objection is procedurally improper and, even if the Court excused the impropriety, they are meritless.

First, Betterson’s Objection is untimely. The Magistrate Judge entered his Report and Recommendation on October 22, 2025. (Doc. 3.) Betterson had fourteen days from that date to file any objection. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). Fourteen days from October 22, 2025, was Wednesday, November 5, 2025. Because Betterson was served by mail, the Federal Rules of Civil Procedure automatically extended the deadline until November 10, 2025. See Fed. R. Civ. P. 6(a)(1)(C), (d). Betterson’s Objection was not signature filed until November 17, 2025. (See doc. 7, p. 3); Jeffries v. United States, 748 F.3d 1310, 1314 (11th Cir. 2014) (under the “prison mailbox rule,” a pro se prisoner’s filing is deemed filed on the date it is delivered to prison authorities for mailing and “[a]bsent evidence to the contrary, [courts] assume that a prisoner delivered a filing to prison authorities on the date that he signed it.” (internal quotation marks and citations omitted)). Betterson may contend that his Objection is timely because he contends that he did not receive the Report and Recommendation until November 7, 2025. (Doc. 6, p. 1.) He is incorrect. Under both statute and the Federal Rules, the fourteen-

day objections period is calculated from the date of “service.” See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). “[U]nder Rule 5[ of the Federal Rules of Civil Procedure], service is complete upon the mailing itself, not actual receipt.” 4B ADAM N. STEINMAN, FEDERAL PRACTICE & PROCEDURE CIVIL § 1171 (4th ed. Sept. 2025); see also, e.g., Dunlap v. Transamerica Occidental Life Ins. Co., 858 F.2d 629, 632 (11th Cir. 1988) (the Federal Rules “deem mailing of such notices by the clerk to be notice to a party, whether or not the notice is actually received or actually noticed by the party.”). Although the Objection is untimely, the Court will exercise its discretion and consider it. It is well-settled that “a district court has discretion to decline to consider a party’s argument when that argument was not first presented to the magistrate judge.” Williams v.

McNeil, 557 F.3d 1287, 1292 (11th Cir. 2009). The Court might, therefore, simply decline to consider Betterson’s arguments. However, pro se parties, like Petitioner are entitled to have their filings charitably construed, and such charity often extends to consideration of arguments asserted for the first time in an objection to a report and recommendation. See, e.g., Newsome v. Chatham Cnty. Det. Ctr., 256 F. App’x 342, 344 (11th Cir. 2007). The Court will, therefore, exercise its discretion and consider the merits of Betterson’s arguments that he is entitled to equitable tolling of the applicable statute of limitations. Cf. Long v. United States, 626 F.3d 1167, 1170 (11th Cir. 2010) (applying Clisby v. Jones, 960 F.2d 925 (11th Cir. 1992), to require district courts resolve all claims a petitioner raises for tolling the limitations period). “A [§ 2254] petitioner is entitled to equitable tolling [of the one-year statute of limitations] if he can demonstrate that: (1) he has pursued his rights diligently; and (2) an extraordinary circumstance prevented him from filing a timely petition.” Aureoles v. Sec’y, D.O.C., 609 F. App’x 623, 624 (11th Cir. 2015) (citing Damren v. Florida, 776 F.3d 816, 821 (11th Cir. 2015)).

As the Magistrate Judge did in charitably considering whether the Petition presented any plausible basis for equitable tolling, the Court also might “assume[ ] that the procedural history [recounted in the R&R is] sufficient to support the conclusion that Betterson . . . diligently pursued his rights . . . .” (Doc. 3, p.

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Travis Lamont Betterson v. Warden Charles Mims, Counsel Stack Legal Research, https://law.counselstack.com/opinion/travis-lamont-betterson-v-warden-charles-mims-gasd-2025.