Opinion
Civil Action 2:21-CV-00252
05-31-2022
RONALD MCGAUGHEY, Petitioner, v. BOBBY LUMPKIN, Respondent.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
DAVID S. MORALES, UNITED STATES DISTRICT JUDGE.
Before the Court is Magistrate Judge Julie Hampton's Memorandum and Recommendation (M&R). (D.E. 19). The parties were provided proper notice of, and the opportunity to object to, the Magistrate Judge's M&R. See U.S.C. § 636(b)(1); Fed.R.Civ.P. 72(b); General Order No. 2002-13. Petitioner filed what appears as, and what the Court: liberally construes as, objections to the M&R. See (D.E. 20; D.E. 22). Having carefully reviewed the proposed findings and conclusions of the M&R, the record, the applicable law, and having made a de novo review of the portions of the M&R to which the Petitioner's objections were directed, 28 U.S.C. § 636(b)(1), the Court OVERRULES Petitioner's objections (D.E. 20; D.E. 22). Accordingly:
(1) The Court ADOPTS the M&R in its entirety. (D.E. 19).
(2) Respondent's motion for summary judgment (D.E. 18) is GRANTED.
(3) Petitioner's habeas corpus petition (D.E. 1), filed pursuant to 28 U.S.C. § 2254, is DISMISSED as untimely due to Petitioner's failure to satisfy the limitation period. See 28 U.S.C. § 2244(d).
(4) A Certificate of Appealability is DENIED. See id. § 2253(c).
A final judgment will be entered separately.
SO ORDERED.