Opinion
2:04-CV-0050.
July 7, 2004
ORDER OVERRULING OBJECTIONS, ADOPTING REPORT AND RECOMMENDATION, and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS AS TIME BARRED
Came this day for consideration the Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner BARRY DWAYNE MINNFEE wherein petitioner challenges his May 3, 2001 state conviction for the felony offense of burglary of a habitation. On June 14, 2004, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that petitioner's application for a writ of habeas corpus be dismissed as time barred. Petitioner filed objections to the Magistrate Judge's Report and Recommendation on June 30, 2004.
The undersigned United States District Judge has made an independent examination of the record in this case, including the Report and Recommendation of the Magistrate Judge as well as the objections filed by petitioner. Petitioner's objections are without merit and are hereby OVERRULED. The Magistrate Judge's Report and Recommendation is hereby ADOPTED. Accordingly, the petition for a writ of habeas corpus filed by petitioner BARRY DWAYNE MINNFEE is DISMISSED as time barred.
LET JUDGMENT BE ENTERED ACCORDINGLY.
IT IS SO ORDERED.