Opinion
CIVIL ACTION NO. 4:01-CV-283-Y
September 17, 2001
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to Clerk of the Court)
The Court has made an independent review of the following matters in the above-styled and numbered cause:
1. The pleadings and record;
2. The proposed findings, conclusions, and recommendation of the United States Magistrate Judge filed on September 4, 2001.
3. The Petitioner's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on September 12, 2001.
The Court, after de novo review, finds and determines that Petitioner's objections must be overruled, that the Respondent's Motion to Dismiss for Failure to Exhaust State Court Remedies be denied, that the Petitioner's Motion to Stay State Court Proceedings be denied, and that the petition for writ of habeas corpus should be dismissed with prejudice as barred by the time limitation set forth in 28 U.S.C. § 2244 (d)(1)-(2), for the reasons stated in the magistrate judge's findings and conclusions.
It is therefore ORDERED that the findings, conclusions, and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that Respondent's August 6, 2001 Motion to Dismiss for Failure to Exhaust State Remedies [docket no. 15] be, and is hereby, DENIED.
It is further ORDERED that Petitioner's June 28, 2001 Motion for Stay of State Court Proceedings [docket no. 11] be, and is hereby, DENIED.
It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DISMISSED WITH PREJUDICE.
It is further ORDERED that the clerk of the Court shall transmit a copy of this order to Petitioner by certified mail, return receipt requested.