Opinion
Case No. 2:06-cv-796.
October 20, 2006
OPINION AND ORDER
On September 25, 2006, the Magistrate Judge issued a Report and Recommendation pursuant to Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed as barred by the one-year statute of limitations under 28 U.S.C. § 2244(d). On October 5, 2006, petitioner filed a request to amend his petition to include a claim that his sentence violates Blakely v. Washington, 542 U.S. 296 (2004), and that State v. Foster, 109 Ohio St.3d 1 (2006), is unconstitutional. See Doc. No. 5. Petitioner's request to amend the petition is DENIED. For the reasons discussed by the Magistrate Judge, this action is time-barred under 28 U.S.C. § 2244(d)(2).
Construing petitioner's October 5, 2006, motion liberally as an objection to the Magistrate Judge's Report and Recommendation, see Martin v. Overton, 391 F.3d 710, 712 (6th Cir. 2004) (citations omitted), pursuant to 28 U.S.C. 636(b)(1), this Court has conducted a de novo review of the Report and Recommendation. Petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.