Opinion
Civil Action No. 3:02-CV-1493-L
January 9, 2004
ORDER
This is a habeas case brought under 28 U.S.C. § 2254. Pursuant to 28 U.S.C. § 636(b), and an order of the court in implementation thereof, this action was referred to the United States magistrate judge for proposed findings and recommendation. On December 16, 2003, the Findings, Conclusions, and Recommendation of the United States Magistrate Judge were filed, to which Petitioner filed objections on January 5, 2004.
The magistrate judge determined that Petitioner's request for habeas corpus relief was barred by the one-year statute of limitations established by the Antiterrorism and Effective Death Penalty Act of 1996 and that Petitioner presented no grounds for equitable tolling of the statute of limitations. The court agrees. Petitioner's objections to the magistrate judge's findings are based on the merits of his petition; he does not establish grounds for equitable tolling. Therefore, the court overrules Petitioner's objections. Having reviewed the pleadings, file and record in this case, the findings and conclusions of the magistrate judge, and Petitioner's objections, the court determines that the findings and conclusions are correct. The magistrate judge's findings and conclusions are accepted as those of the court. Accordingly, Petitioner's petition for habeas corpus is hereby denied as barred by the applicable statute of limitations, and this action is dismissed with prejudice.