Opinion
CIVIL ACTION NO. 12-6596
05-09-2013
MICHAEL HUBBARD v. MARIOSA LAMAS, et al.
ORDER
AND NOW, this 9th day of May 2013, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, and after careful review of the Report and Recommendation of Magistrate Judge Elizabeth T. Hey, to which no objections have been filed, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition is DISMISSED AS UNTIMELY FILED;
3. Petitioner's Motion for a Stay and Abeyance [Doc. No. 25] is DISMISSED AS MOOT;
4. There is no basis for the issuance of a certificate of appealability; and
5. The Clerk is directed to CLOSE the case.
It is so ORDERED.
BY THE COURT:
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CYNTHIA M. RUFE , J.