Opinion
Civil Action 22-00041-BAJ-RLB
07-18-2024
KEVIN BROADWAY v. TIM HOOPER, ET AL.
RULING AND ORDER
BRIAN A. JACKSON, UNITED STATES DISTRICT COURT JUDGE.
Before the Court is Petitioner's Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 1). The Petition is opposed. (Docs. 12, 13).
On July 3, 2024, the Magistrate Judge issued a Report and Recommendation (Doc. 15, the “Report”), recommending that Petitioner's Petition be denied as untimely, and, further, that the Court deny Petitioner a certificate of appealability (COA). Petitioner's deadline to object to the Report has passed, without any objection from Petitioner.
Upon de novo review, and having carefully considered Petitioner's Petition, the State's opposition, the state court record, and related filings, the Court APPROVES the Magistrate Judge's Report and Recommendation and ADOPTS it as the Court's opinion in this matter.
Accordingly, IT IS ORDERED that Petitioner's Petition Under 28 U.S.C. § 2254 For Writ Of Habeas Corpus By A Person In State Custody (Doc. 1) be and is hereby DENIED.
IT IS FURTHER ORDERED that the above-captioned action be and is hereby DISMISSED WITH PREJUDICE.
IT IS FURTHER ORDERED that, in the event Petitioner pursues an appeal in this case, a certificate of appealability be and is hereby DENIED because reasonable jurists would not debate the denial of Petitioner's Petition or the correctness of the Court's substantive rulings.
Judgement shall be entered separately. .