Opinion
Case No. 3-:03-CV-181.
March 13, 2006.
This case is before the Court pursuant to Petitioner Willie Jenkins's Objections (doc. #20) to the Report and Recommendations of Magistrate Judge Sharon L. Ovington (doc. #19). The Report and Recommendations was filed on December 15, 2005 and the Objections were filed on January 3, 2006.
The Report and Recommendations address issues regarding Willie Jenkins's Petition for a Writ of Habeas Corpus filed on May 23, 2003. The Warden did not file objections to the Report and Recommendations and did not file a response to Willie Jenkins's Objections.
As required by 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), the District Judge has made a de novo review of the record in this case. Upon said review, the Court finds that Willie Jenkins's objections to the Magistrate Judge's Report and Recommendations are not well-taken and they are hereby OVERRULED. Accordingly, the Magistrate Judge's Report and Recommendations is ADOPTED.
Willie Jenkins's Petition for a Writ of Habeas Corpus is not dismissed as time barred. Further, Willie Jenkins's Motion for Evidentiary Hearing (doc. #18) is denied and his claim of actual innocense is dismissed. Finally, this matter is remanded to Magistrate Judge Ovington for further proceedings.
DONE and ORDERED.