BURTON v. EPPS

Full title: RANDY BURTON, Petitioner v. CHRISTOPHER EPPS, ET AL., Defendants

Court: United States District Court, N.D. Mississippi, Eastern Division

Date published: Mar 23, 2006

No. 1:05CV280-D-D (N.D. Miss. Mar. 23, 2006)

Opinion

No. 1:05CV280-D-D.

March 23, 2006

FINAL JUDGMENT

GLEN DAVIDSON, Chief Judge

Upon consideration of the file and records in this action, including the Report and Recommendation of the United States Magistrate Judge dated February 15, 2006, and the March 22, 2006, objections to the Report and Recommendation, the court finds that the petitioner's objections are without merit and that the Magistrate Judge's Report and Recommendation should be approved and adopted as the opinion of the court. It is, therefore

ORDERED:

1. That the Report and Recommendation of the United States Magistrate Judge dated February 15, 2006, is hereby approved and adopted as the opinion of the court.

2. That the state's January 23, 2006, motion to dismiss is hereby GRANTED.

3. That the instant petition for a writ of habeas corpus is hereby DISMISSED with prejudice and without evidentiary hearing as untimely filed under 28 U.S.C. § 2244(d).

4. That this case is CLOSED.