Santiago v. Hurley

Full title: RAUL SANTIAGO, Petitioner, v. PATRICK HURLEY, Warden, Respondent

Court: United States District Court, S.D. Ohio, Eastern Division

Date published: Mar 23, 2006

Case No. 2:05-cv-560 (S.D. Ohio Mar. 23, 2006)

Opinion

Case No. 2:05-cv-560.

March 23, 2006

OPINION AND ORDER

EDMUND SARGUS JR., District Judge

On January 6, 2006, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed as untimely. Petitioner has objected to the Magistrate Judge's Report and Recommendation. However, the arguments made by petitioner do not appear related to this case. Petitioner objects to the Magistrate Judge's conclusion that his claims are procedurally defaulted, although the Magistrate Judge did not recommend dismissal of petitioner's claims as waived, and raises issues regarding claims that do not appear to have been presented in the instant habeas corpus petition. See Objections, Doc. No. 14.

Pursuant to 28 U.S.C. 636(b)(1), this Court has conducted a de novo review of those portions of the Report and Recommendation objected to by petitioner. For the reasons discussed in the Magistrate Judge's Report and Recommendation, petitioner's objections are OVERRULED The Report and Recommendation is ADOPTED and AFFIRMED. This action is hereby DISMISSED.

IT IS SO ORDERED.