Opinion
No. CV-06-1116-PHX-FJM.
June 3, 2008
ORDER
The court has before it petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (doc. 1), respondents' responses (docs. 12, 38, 42), and petitioner's replies (docs. 13, 43), petitioner's motion to dismiss an unbriefed claim of ineffective assistance of counsel (doc. 15), and respondents' response (doc. 16). We also have before us the report and recommendation of the United States Magistrate Judge (doc. 44) recommending that we deny the motion to dismiss as moot and deny the petition for writ of habeas corpus as untimely under the Anti-Terrorism and Effective Death Penalty Act of 1996. See 28 U.S.C. § 2244(d). Petitioner has not objected to the report and recommendation and the time for doing so has expired.
The court accepts the recommended decision of the magistrate judge pursuant to Rule 8(b), Rules Governing Section 2254 Cases. Therefore, IT IS ORDERED DENYING the motion to dismiss as moot (doc. 15), and DENYING the petition for writ of habeas corpus (doc. 1).