Opinion
CASE NO. LA CV 15-01739-VBF-PJW
06-24-2015
MANUEL SAMUELS, Petitioner, v. FISHER, WARDEN, Respondent.
ORDER Overruling Petitioner's Objection, Adopting the Report & Recommendation, Dismissing the Habeas Corpus Petition as Untimely, Dismissing the Action With Prejudice, and Denying Petitioner's Application for a Certificate of Appealability
Pursuant to 28 U.S.C. § 636, the Court has reviewed the habeas corpus petition, the United States Magistrate Judge's Order to Show Cause (Document ("Doc") 4) ("OSC"), the petitioner's May 4, 2015 response to the OSC (Doc 8), the Report and Recommendation ("R&R"), and the applicable law. Further, the Court has reviewed de novo those portions of the R&R to which petitioner has specifically objected.
Petitioner's objection [Doc #12] is OVERRULED.
The Report and Recommendation [Doc #10] is ADOPTED.
The habeas corpus petition [Doc #1] is DISMISSED with prejudice as untimely.
For the reasons stated in the Report and Recommendation, petitioner's application for a certificate of appealability [Doc #11] is DENIED. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Miller-El v. Cockrell, 537 U.S. 322, 336 (2003); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000).
This action is TERMINATED and dismissed with prejudice.
As required by Federal Rule of Civil Procedure 58(a), final judgment will be entered by separate document. DATED: June 24, 2015
/s/_________
VALERIE BAKER FAIRBANK
UNITED STATES DISTRICT JUDGE