Opinion
Civil Action No. 3:03-CV-1169-D.
April 23, 2004
ORDER
After making an independent review of the pleadings, files, and records in this case, the April 1, 2004 findings, conclusions, and recommendation of the magistrate judge, respondent's April 16, 2004 objections, and petitioner's April 21, 2004 objections, the court concludes that the findings and conclusions are correct in part. It is therefore ordered that the findings, conclusions, and recommendation of the magistrate judge are adopted in part.
The court sustains respondent's April 16, 2004 objections and concludes that petitioner's petition is time-barred because petitioner has failed to establish that the limitations period should be equitably tolled. Alternatively, the court assumes arguendo that the petition is not barred by limitations, reaches the merits of the petition, and, following de novo review, adopts the findings, conclusions, and recommendation of the magistrate judge on the merits.