Miller v. Weber

Full title: GERALD MILLER, Petitioner, v. DOUGLAS WEBER, Warden, SD State…

Court: United States District Court, D. South Dakota, Southern Division

Date published: Sep 28, 2007

CIV 06-4083 (D.S.D. Sep. 28, 2007)

Opinion

CIV 06-4083.

September 28, 2007

ORDER

LAWRENCE PIERSOL, Chief District Judge

Petitioner brings this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Magistrate Judge issued a Report and Recommendation recommending that the petition be dismissed with prejudice because petitioner's claims are untimely. Petitioner filed no objections to the Report and Recommendation.

After conducting an independent review of the record, the Court agrees with the Magistrate Judge. Accordingly, IT IS ORDERED that:

1. The Report and Recommendation is ADOPTED.

2. Petitioner's application for writ of habeas corpus (Doc. 1) is DENIED, with prejudice.

3. No certificate of appealability shall issue.

4. Respondent's Motion to Dismiss (Doc. 16) is GRANTED.