Opinion
C23-568-JNW
12-14-2023
MICHAEL COLLIER, Petitioner, v. MELISSA ANDREWJESKI, Respondent.
ORDER DISMISSING FEDERAL HABEAS ACTION
JAMAL N. WHITEHEAD UNITED STATES DISTRICT JUDGE
The Court, having reviewed Petitioner's amended petition for writ of habeas corpus, Respondent's answer to the petition, the Report and Recommendation of United States Magistrate Judge Michelle L. Peterson, any objections thereto, and the remaining record, hereby finds and ORDERS:
(1) The Report and Recommendation is approved and adopted.
(2) Petitioner's amended petition for writ of habeas corpus (dkt. # 20) and this action are DISMISSED, with prejudice, as untimely under 28 U.S.C. § 2244(d).
(3) Petitioner's motion regarding the initiation of a summary proceeding (dkt. # 34), and his motion for appointment of counsel (dkt. # 37), are DENIED.
(4) In accordance with Rule 11 of the Rules Governing Section 2254 Cases in the United States District Courts, a certificate of appealability is DENIED.
(5) The Clerk is directed to send copies of this Order to Petitioner, to counsel for Respondent, and to the Honorable Michelle L. Peterson.