Opinion
CIVIL ACTION NO. 1:13cv50 (WOB-KLL)
12-20-2013
CORY ISREAL PETITIONER v. WARDEN, LEBANON CORRECTIONAL INSTITUTION RESPONDENT
JUDGMENT
This matter is before the Court on the Report and Recommendation of the United States Magistrate Judge (Doc. #13), and there being no objections filed despite several extensions, and the Court being sufficiently advised,
IT IS ORDERED that the Report and Recommendation (Doc. #13) be, and it hereby is, adopted as the findings of fact and conclusions of law of this Court; that the respondent's motion to dismiss (Doc. #8) is GRANTED, and petitioner's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. #5), is DISMISSED with prejudice on the ground that the petition is time-barred under U.S.C. § 2254(d). A certificate of appealability shall not issue with respect to any of the claims alleged herein. Pursuant to 28 U.S.C. § 1915(a)(3), any appeal of this judgment would not be taken in "good faith" and petitioner should therefore not be permitted to proceed in forma pauperis.
Signed By:
William O. Bertelsman
United States District Judge