Opinion
Civ. No. 12-2576 (PAM/SER)
11-27-2012
John Excel Arrandondo, Petitioner, v. Tom Roy, Commissioner of Correction, Respondent.
ORDER
This matter is before the Court on the Report and Recommendation ("R&R") of Magistrate Judge Steven E. Rau dated November 2, 2012. In the R&R, Magistrate Judge Rau recommended that the Court deny Petitioner's application to proceed in forma pauperis, deny the Petition for a Writ of Habeas Corpus as untimely, and summarily dismiss the case with prejudice. Petitioner failed to file objections to the R&R in the time period permitted. The Court therefore ADOPTS the R&R (Docket No. 8).
Accordingly, IT IS HEREBY ORDERED that:
1. The Petition for Writ of Habeas Corpus (Docket No. 1) is DENIED;
2. Petitioner's application to proceed in forma pauperis (Docket No. 3) is DENIED;
3. This action is DISMISSED with prejudice; and
4. Petitioner will not be granted a Certificate of Appealability.
LET JUDGMENT BE ENTERED ACCORDINGLY.
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Paul A. Magnuson
United States District Court Judge