Opinion
CIVIL ACTION NO. 4:00-CV-515-Y
March 29, 2001
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to the Clerk of Court)
The Court has made an independent review of the following matters in the above-styled and numbered cause:
1. The pleadings and record;
2. The proposed findings, conclusions, and recommendation of the United State Magistrate Judge filed on February 20, 2001.
Although the magistrate judge, pursuant to a notice and order of February 20, 2001, gave the parties until March 13, 2001 to file written objections to his findings, conclusions, and recommendation, as of the date of this order no written objections have been filed. This Court finds that Respondent's motion to dismiss pursuant to 28 U.S.C. § 2244(d) should be granted, and that the petition for writ of habeas corpus should be dismissed with prejudice, for the reasons stated in the magistrate judge's findings and conclusions.
On March 2, 2001, petitioner Cross provided the Court a new address and the magistrate judge's report was forwarded to Cross's new address on March 13. Cross has not responded.
It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that the Respondent's July 31, 2001 Motion to Dismiss as Time-Barred Pursuant to 28 U.S.C. § 2244 [document no. 7] be, and is hereby, GRANTED.
It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITH PREJUDICE.
It is further ORDERED that the clerk of the Court shall transmit a copy of this order to all parties by certified mail, return receipt requested.
FINAL JUDGMENT
Pursuant to an Order issued this day, and Federal Rule of Civil Procedure 58:
It is hereby ORDERED, ADJUDGED, DECREED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITH PREJUDICE.
It is further ORDERED that al1 costs of court are taxed against the party that incurred them.