Opinion
CIVIL ACTION NO. 11-7750
01-31-2013
KEITH HARRIS, Petitioner v. M. WENEROWICZ, et al., Respondents
ORDER
AND NOW, this 31st day of January, 2013, upon careful and independent consideration of the pleadings and record herein, and after review of the thorough and well-reasoned Report and Recommendation of the Honorable Thomas J. Rueter, United States Magistrate Judge, it is hereby ORDERED that:
1. The petitioner's objections are OVERRULED as meritless;
2. The Report and Recommendation is APPROVED and ADOPTED;
3. The petition for a writ of habeas corpus is DISMISSED;
4. Petitioner's request for discovery (Document # 6) is DENIED; and
5. A certificate of appealability is not granted.
This petition is clearly untimely. The petitioner has presented nothing to refute that finding. His claim of extraordinary circumstances preventing him from filing a timely petition provides him no relief. Finally, his allegations do not support a finding that the statute of limitations should be equitably tolled. See Holland v. Florida, 130 S.Ct. 2554, 2562 (2010).
BY THE COURT:
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LAWRENCE F. STENGEL, J