Opinion
2:01-CV-0413
April 10, 2002
ORDER OVERRULING OBJECTIONS . ADOPTING REPORT AND RECOMMENDATION, and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS AS TIME BARRED
Came this day for consideration the Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner ROBERT JOSEPH FIERRO. On March 18, 2002, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that petitioner's application for a writ of habeas corpus be dismissed as time barred. Petitioner filed objections to the Magistrate Judge's Report and Recommendation on April 3, 2002.
The undersigned United States District Judge has made an independent examination of the record in this case and has examined the Superseding Report and Recommendation of the Magistrate Judge, as well as the objections filed by respondent. The District Judge is of the opinion respondent's objections should be, and hereby are, OVERRULED. The District Judge is of the further opinion the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. Accordingly, the petition for a writ of habeas corpus filed by petitioner ROBERT JOSEPH FIERRO is DISMISSED as time barred.
LET JUDGMENT BE ENTERED ACCORDINGLY.