Opinion
CASE NO. C10-5764-RBL.
April 20, 2011
ORDER
The Court, having reviewed plaintiff's Petition for a Writ of Habeas Corpus, the Report and Recommendation of United States Magistrate Judge J. Richard Creatura, and objections to the report and recommendation [Dkt. #22], and the remaining record, does hereby find and ORDER:
(1) The Court adopts the Report and Recommendation;
(2) The Petition for a Writ of Habeas Corpus therefore is DISMISSED;
(3) The Court will issue a Certificate of Appealability on the issue of whether or not Petitioner's claims are time barred by the statute of limitations; and
(4) The Clerk is directed to send copies of this Order to counsel of record.