Opinion
CIVIL ACTION 12-0028-CB-M
05-07-2012
LLOYD BURNELL PHELPS, Petitioner, v. WILLIE THOMAS, Respondent.
ORDER
After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court.
It is ORDERED that this habeas petition be DISMISSED as time-barred. It is further ORDERED that, should Petitioner file a certificate of appealability, it be DENIED as he is not entitled to appeal in forma pauperis.
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CHARLES R. BUTLER, JR.
SENIOR UNITED STATES DISTRICT JUDGE