Summary
finding that counsel's failure to send records on appeal did not entitle Petitioner to equitable tolling when there was no evidence of egregious attorney misconduct
Summary of this case from Ramirez v. Sec'yOpinion
Case No. 3:08cv213/LAC/EMT.
April 22, 2009
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated March 24, 2009 (Doc. 32). The parties have been furnished a copy of the report and recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of the objections filed.
Having considered the report and recommendation, and the timely filed objections thereto, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Respondent's motion to dismiss (Doc. 19) is GRANTED.
3. The petition for writ of habeas corpus (Doc. 1) is DISMISSED with prejudice as untimely.