Summary
finding that one year period of time when petitioner's deficient federal habeas petition was in limbo waiting for petitioner's compliance with Rule 3 counted against limitations period
Summary of this case from Howard v. SmithOpinion
CIVIL ACTION NO. 07-1041 SECTION: "F" (6).
December 9, 2009
ORDER
The Court, having considered the petition, the record, the applicable law, the Report and Recommendation of the United States Magistrate Judge, and the failure of any party to file an objection to the Magistrate Judge's Report and Recommendation, hereby approves the Report and Recommendation of the United States Magistrate Judge and adopts it as its opinion in this matter. Therefore, IT IS ORDERED that the petition of Vernon Boudreaux for issuance of a writ of habeas corpus under 28 U.S.C. § 2254, be, and the same is hereby DISMISSED WITH PREJUDICE as time-barred.