Opinion
Civil Action 22-CV-1211
04-03-2023
KEITH DEVINE, Petitioner, v. DEREK F. OBERLANDER, et al., Respondents.
ORDER
MITCHELL S. GOLDBERG, J.
AND NOW, this 3rd day of April, 2023, upon consideration of the Amended Petition for Writ of Habeas Corpus (Doc. No. 13), Respondents' Brief in Opposition (Doc. No. 16), and the February 16, 2023 Report and Recommendation of United States Magistrate Judge Scott W. Reid (Doc. No. 17), and noting that Petitioner has not filed any objections to the Report and Recommendation, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DENIED with prejudice and DISMISSED as untimely; and
3. There is no probable cause to issue a certificate of appealability.