Taravella v. Eberlin

Full title: SALVATORE TARAVELLA, Petitioner, v. MICHELE EBERLIN, Respondent

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

Date published: Jan 27, 2006

Case No. 2:05-cv-0588 (S.D. Ohio Jan. 27, 2006)

Opinion

Case No. 2:05-cv-0588.

January 27, 2006

OPINION AND ORDER

JOHN HOLSCHUH, Senior 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 barred by the one-year statute of limitations under 28 U.S.C. § 2244(d). Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. Petitioner again asserts that he is incompetent and that equitable tolling of the statute of limitations therefore is appropriate. As noted in the Magistrate Judge's Report and Recommendation, nothing in the record supports petitioner's allegation that he was unable to litigate his claims during the time period at issue.

Pursuant to 28 U.S.C. 636(b)(1), this Court has conducted de novo review of the Report and Recommendation. 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.