Opinion
CIVIL ACTION NO. 4:02-CV-666-Y
November 27, 2002
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to the Clerk of Court)
Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2254 of petitioner Chaddrick S. Ford, along with the October 31, 2002, findings, conclusions, and recommendation of the United States Magistrate Judge. The magistrate judge gave the parties until November 21 to file written objections to the findings, conclusions, and recommendation. As of the date of this order, no written objections have been filed.
Petitioner Ford has filed a document entitled "Notice of compliance," but by the text of that pleading, Ford indicates that he will comply with the court's directive that this case by dismissed in order for him to exhaust the claims in state court.
The Court has reviewed the pleadings and the record in this case, and has reviewed for clear error the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on October 31, 2002. The Court concludes that the Petitioner's motion for abeyance should be denied, and the petition for writ of habeas corpus should be dismissed without prejudice, for the reasons stated in the magistrate judge's findings and conclusions.
It is therefore ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that Petitioner's October 15, 2002, motion for abeyance [docket no. 9] be, and is hereby, DENIED.
It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITHOUT PREJUDICE.
Except as to any application of the federal statute of limitations or other federal procedural bar that may apply. Petitioner is expressly warned of the time limitation for the filing of federal habeas corpus petitions. As a result of amendments to the habeas corpus statutes, a one-year statute of limitations is now applicable to the filing of non-capital § 2254 habeas corpus petitions in federal court. See 28 U.S.C.A. § 2244(d) (West Supp. 2002). Section 2244(d)(1) sets forth the general rule that a federal habeas petition filed by a person in custody pursuant to the judgment of a state court must be filed within one year after the petitioner's conviction becomes final. See 28 U.S.C. § 2244 (d)(1)(d) (West Supp. 2002). The statute of limitations is tolled, however, while a properly filed application for state post-conviction or other collateral review is pending. 28 U.S.C.A. § 2274(d)(2) (West Supp. 2002).
It is further ORDERED that the clerk of the Court shall transmit a copy of this order to all parties by certified mail, return receipt requested.