Summary
concluding the defendant's state court judgment became final 90 days after the state appellate court granted his motion for voluntary dismissal of his appeal
Summary of this case from Hosey v. U.S.Opinion
Case No.: 3:05cv207/LAC/EMT.
March 7, 2006
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated February 1, 2006. Petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1).
Having considered the report and recommendation, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Respondent's Motion to Dismiss (Doc. 11) is GRANTED.
3. The amended petition for writ of habeas corpus (Doc. 5) is DISMISSED with prejudice as untimely.
DONE AND ORDERED.