Opinion
CIVIL ACTION NO.113CV117
07-30-2013
RAY LOY, Petitioner, v. EVELYN SEIFERT, Warden, Northern Correctional Facility, Respondent.
(Judge Keeley)
ORDER ADOPTING REPORT AND RECOMMENDATION
On March 28, 2013, the pro se petitioner, Ray Loy ("Loy"), filed a petition pursuant to 28 U.S.C. § 2254. (Dkt. No. 1). The Court referred this matter to United States Magistrate Judge John S. Kaull for initial screening and a report and recommendation in accordance with LR PL P 2. On July 24, 2013, the respondent, Evelyn Seifert ("Seifert"), filed a motion to dismiss the petition as untimely. (Dkt. No. 27). Two days later, on July 26, 2013, the magistrate judge issued an Opinion and Report and Recommendation ("R&R") in which he recommended that Seifert's motion to dismiss be denied, as "the petition is clearly timely." (Dkt. No. 29 at 5). Seifert filed a response in support of the R&R on July 30, 2013, conceding her error. (Dkt. No. 30). Consequently, the Court ADOPTS the Report and Recommendation in its entirety (dkt. no. 29), DENIES the motion to dismiss (dkt. no. 27), and ORDERS Seifert to file an answer to the petition within twenty-eight (28) days from the date of the entry of this Order. Her answer shall comply with Rule 5 of the Rules Governing Section 2254 proceedings.
It is so ORDERED.
The Court directs the Clerk of Court to transmit copies of this Orders to counsel of record and to the pro se petitioner, certified mail, return receipt requested.
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IRENE M. KEELEY
UNITED STATES DISTRICT JUDGE