Opinion
Civil Action No. 3:04-CV-2725-P.
May 25, 2005
ORDER
This is a writ of habeas corpus case filed by a state inmate pursuant to 28 U.S.C. § 2254. On February 8, 2005, the magistrate judge filed his Findings and Conclusions recommending dismissal of petitioner's application as time barred. Petitioner filed objections to the magistrate judges's report on February 17, 2005. On February 22, 2005, the court issued an order adopting the Findings and Recommendation of the magistrate judge and issued final judgment dismissing the case as time barred. Final Judgment was entered on March 1, 2005.
The court issued an order on March 18, 2005 denying Pugh's supplemental objections. On April 14, 2005 petitioner filed an Appeal/Motion for Evidentiary Hearing to Dispute Factual Claims etc. The motion was referred to a United States Magistrate Judge, and the magistrate judge filed his Report and Recommendation on May 10, 2005. Petitioner filed objections to the report on May 19, 2005. Petitioner's primary argument is that there are unresolved disputed material facts pertaining to the underlying claims he asserts in his section 2254 petition. However, petitioner's claims were dismissed as time-barred. Thus, the court has not, and does not, reach the merits of petitioner's claims. Instead, the magistrate judge properly determined that there are no disputed material facts with respect to the limitations issue. Thus, with respect to the limitations issue, there is no need to hold an evidentiary hearing. Because petitioner's claims are time-barred, the court cannot hold an evidentiary hearing regarding petitioner's underlying claims.
The court adopts the findings, conclusions, and recommendation of the United States Magistrate Judge. Petitioner's motion for evidentiary hearing is denied.