Opinion
NO. 4:00-CV-1706-A
September 17, 2001
ORDER
Came on for consideration the above-captioned action wherein Eligah Darnell, Jr. is petitioner and Janie Cockrell is respondent. This is a petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On August 9, 2001, the United States Magistrate Judge issued his findings, conclusions, and recommendation and ordered that the parties be granted until August 30, 2001, in which to file, and not merely place in the mail, written objections thereto. Copies of the findings, conclusions, and recommendation were sent to petitioner and respondent by certified mail, return receipt requested. Return receipts have been received by the Clerk and placed in the file. Such receipts reflect that copies were received on behalf of petitioner on August 11, 2001 and on behalf of respondent on August, 13, 2001. Petitioner subsequently filed objections.
The United States Magistrate found that petitioner's conviction and sentence became final on April 28, 1989 and that petitioner filed one state habeas corpus petition on April 5, 2000, which was subsequently denied on October 4, 2000. From these findings the Magistrate concluded that the petition is time-barred pursuant to 28 U.S.C. § 2244 (d)(1) — (2), and that the claims raised should not be addressed on the merits. The Magistrate recommended that the petitioner's petition for writ of habeas corpus be dismissed as untimely. The court notes that petitioner's objection does not substantively address these findings, conclusions or recommendations. As such, this court adopts the findings, conclusions, and recommendations of the United States Magistrate Judge.
Therefore,
The court ORDERS that the petition be, and is hereby, dismissed.