Opinion
Civil Action No. 08 — 1539.
November 18, 2008
MEMORANDUM ORDER
On March 5, 2008, the above captioned case was initiated by the filing of a Petition for Writ of Habeas Corpus and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
The Magistrate Judge's Report and Recommendation filed on November 7, 2008 (doc. no. 3) recommended that the Petition for Writ of Habeas Corpus be dismissed as untimely. On November 17, 2008, Petitioner filed a Supplemental Motion to Amend/Correct his Petition (doc. no. 4) and Objections to the Report and Recommendation (doc. no. 5). Nothing contained in these filings undermines the recommendation of the Magistrate Judge.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the facts alleged in the Supplemental Petition and Objections, the following order is entered: AND NOW, this 18th day of November, 2008;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED as UNTIMELY. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 3) of Magistrate Judge Lenihan dated November 7, 2008, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.