Opinion
Case No. C-3-05-208.
January 6, 2006
This matter is before the Court pursuant to the Chief Magistrate Judge's Report and Recommendation (Doc. #24) filed on November 17, 2005 and Petitioner's Objections to the Report and Recommendations (Doc. #25) filed December 12, 2005.
As required by 28 U.S.C. Section 636(b) and the Federal Rules of Civil Procedure 72(b), this District Judge has made a de novo review of the record in this case. Upon said review, the Court finds the Objections (Doc. #25) filed by the Petitioner are not well-founded and are hereby OVERRULED.
The Court ADOPTS the Chief Magistrate Judge's Report and Recommendations (Doc. #24) in their entirety ordering that Petitioner be denied permission to file a late notice of appeal and further deny his motion for leave to appeal in forma pauperis as moot.
The Court's previous final judgment dismissing this petition with prejudice was filed on September 2, 2005. Although Petitioner was granted a certificate of appealability in the Court's Entry (Doc. #19), the Petitioner did not file a notice of appeal until November 16, 2005 (75 days after the final Judgment Entry) and has not purported to show either good cause or excusable neglect in failing to do so.
Therefore, Petitioner is DENIED permission to file a late notice of appeal rendering Petitioner's motion for leave to appeal in forma pauperis moot.
IT IS SO ORDERED.