Opinion
Case No. 3:06cv155/RV/EMT.
September 21, 2006
ORDER
This cause comes on for consideration upon the magistrate judge's report and recommendation dated August 31, 2006. Petitioner has been furnished a copy of the report and recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the report and recommendation, and all objections thereto timely filed, I have determined that the report and recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The magistrate judge's report and recommendation is adopted and incorporated by reference in this order.
2. Respondent's Motion to Dismiss (Doc. 10) is GRANTED.
3. The petition for writ of habeas corpus (Doc. 2) is DISMISSED with prejudice as untimely.
DONE AND ORDERED.