Opinion
Civil Action No. 06-396.
May 10, 2007
MEMORANDUM ORDER
The above captioned Petition was received by the Clerk of Court on March 27, 2006, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
The Magistrate Judge's Report and Recommendation (doc. no. 10), filed on March 13, 2007, recommended that the Petition be dismissed as untimely. Service was made on Petitioner at S.C.I. Fayette, and on counsel of record for the Respondents. The parties were informed that, in accordance with Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule 72.1.4(B) of the Local Rules for Magistrate Judges, that they had ten (10) days to file any objections. No objections have been filed.
After de novo review of the pleadings and the documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 9th day of May, 2007;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED as untimely.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 10) of Magistrate Judge Lenihan, dated March 13, 2007, is adopted as the Opinion of the court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.