Opinion
CIVIL ACTION NO. 06-5353.
August 24, 2007
ORDER
AND NOW, this 23rd day of August, 2007, upon careful and independent consideration of the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254, and after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated June 21, 2007, the Objections to Report and Recommendation of Magistrate Judge, and petitioner's letter of July 9, 2007 which set forth an additional objection, IT IS ORDERED as follows:
A copy of the July 9, 2007 letter from petitioner's counsel has been docketed.
1. The Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells dated June 21, 2007, is APPROVED and ADOPTED;
2. Petitioner's Objections to Report and Recommendation of Magistrate Judge and additional objection set forth in counsel's letter of July 9, 2007, are OVERRULED for the reasons set forth in the Report and Recommendation;
3. The Petition for Writ of Habeas Corpus filed by Julio Maldonado pursuant to 28 U.S.C. § 2254 is DISMISSED as time-barred; and,
4. A certificate of appealability will not issue on the ground that petitioner has not made a substantial showing of a denial of a constitutional right as required under 28 U.S.C. § 2253(c)(2).