Opinion
CV 05-328 PHX NVW.
December 13, 2005
ORDER
Before the Court are Petitioner's Petition for Writ of Habeas Corpus (doc. #1), United States Magistrate Judge Glenda E. Edmonds' Report and Recommendation (doc. #15), Petitioner's Specific Objections to Magistrate's Report and Recommendations, and Request for De Novo Review (docs. #16 and 17), and Respondents' Response to Petitioner's Objection to Report and Recommendation (doc. #19).
Petitioner's Specific Objections to Magistrate's Report and Recommendations, and Request for De Novo Review (doc. #16) asserts that Petitioner did not have access through prison library resources to the text of 28 U.S.C. § 2244(d), which provides a one-year statute of limitations which the magistrate judge's Report and Recommendation notes Petitioner has failed to comply with. By order of November 22, 2005 (doc. #18), the Court directed Respondents to submit their response to the objection demonstrating whether, in fact, the Department of Corrections provided access to Petitioner to the text of 28 U.S.C. § 2244 at the relevant times. Respondents' Response (doc. #19) demonstrates through the affidavit of Daryl Johnson that Petitioner had access through the Department of Corrections to the text of the statute at all relevant times.
The Court has considered Petitioner's objections and reviewed the Report and Recommendation de novo. See Fed.R.Civ.P. 72(b); 28 U.S.C. § 636(b)(1) (stating that the Court must make a de novo determination of those portions of the Report and Recommendation to which specific objections are made). The Court agrees with the magistrate judge's determinations, accepts her recommended decision within the meaning of Rule 72(b), Fed.R.Civ.P., and overrules Petitioner's objections. See 28 U.S.C. § 636(b)(1) (stating that the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate").
IT IS THEREFORE ORDERED that the Report and Recommendation of Magistrate Judge Glenda E. Edmonds (doc. #15) is accepted.
IT IS FURTHER ORDERED that Petitioner's Petition for Writ of Habeas Corpus (doc. #1) is denied and dismissed with prejudice.
IT IS FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly and terminate this action.