Summary
holding the petitioner has the burden of demonstrating tolling facts
Summary of this case from Smith v. HattonOpinion
Case No. CV 03-00150 GLT (AN).
February 10, 2004
ORDER APPROVING AND ADOPTING REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to 28 U.S.C. § 636, the Court has reviewed the file, including the Magistrate Judge's Report and Recommendation, de novo.
IT IS ORDERED that:
1. The Report and Recommendation is approved and adopted.
2. Judgment shall be entered denying the Petition and dismissing this action with prejudice.
IT IS FURTHER ORDERED that the Clerk of the Court shall serve a copy of this Order and the Judgment on all counsel or parties of record.