Opinion
No. 2:04-cv-2777-TON.
November 10, 2004
ORDER
AND NOW, this day of, 2004, upon consideration of the pleadings and record herein, and after review of the Report and Recommendation of United States Magistrate Judge Charles B. Smith, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. The Petition for Writ of Habeas Corpus, pursuant to 28 U.S.C. § 2254, is DISMISSED as untimely.
3. There is no probable cause to issue a certificate of appealability.
It is so ORDERED.