Opinion
CASE NO. 4:05cv468-SPM/WCS.
February 1, 2007
ORDER
THIS CAUSE comes for consideration upon the magistrate judge's report and recommendation dated December 26, 2006 (doc. 13). Petitioner has been furnished a copy and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). No objections have been filed. Having considered the report and recommendation, I have determined that the report and recommendation should be adopted.
Accordingly, it is hereby ORDERED as follows:
1. The magistrate judge's report and recommendation (doc. 13) is adopted and incorporated by reference in this order.
2. The motion to dismiss (doc. 8) is granted, and the § 2254 petition is dismissed as untimely.
DONE AND ORDERED.