Opinion
2:99-CV-0289
February 20, 2001
RECOMMENDATION TO DENY ISSUANCE OF A CERTIFICATE OF APPEALABILITY
On February 12, 2001, petitioner BUFFORD MCDONALD filed a notice of appeal in the above-captioned case. By his notice, petitioner seeks to appeal the dismissal of his application for a writ of habeas corpus as time-barred. Petitioner has also filed an application for a Certificate of Appealability.
On January 12, 2001, the undersigned United States Magistrate Judge entered a Report and Recommendation to the United States District Judge recommending therein that the application for a writ of habeas corpus filed by petitioner be dismissed as time-barred. On January 26, 2001, petitioner filed objections to the Report and Recommendation. An Order overruling the objections, adopting the Report and Recommendation, and dismissing the petition for a writ of habeas corpus, together with a corresponding Judgment, were entered January 31, 2001, and filed of record on February 2, 2001.
For the reasons stated in the Report and Recommendation, it is the opinion and RECOMMENDATION of the undersigned United States Magistrate Judge that a Certificate of Appealability should not issue.
IT IS SO RECOMMENDED.