Opinion
No. 2:02-CV-0148
November 13, 2002
ORDER OVERRULING OBJECTIONS, ADOPTING REPORT AND RECOMMENDATION, and DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS AS TIME BARRED
Came this day for consideration the Petition for a Writ of Habeas Corpus by a Person in State Custody filed by petitioner TERRY WAYNE STEWART. On October 24, 2002, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that petitioner's application for a writ of habeas corpus be dismissed as time barred. Petitioner filed objections to the Magistrate Judge's Report and Recommendation on November 12, 2002.
The undersigned United States District Judge has made an independent examination of the record in this case and has examined the Report and Recommendation of the Magistrate Judge, as well as the objections filed by petitioner. Petitioner has not, in such objections, set forth any basis upon which to overturn the Report and Recommendation. The District Judge is of the opinion petitioner's objections should be, and hereby are, OVERRULED. The District Judge is of the further opinion the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. Accordingly, the petition for a writ of habeas corpus filed by petitioner TERRY WAYNE STEWART is DISMISSED as time barred.
LET JUDGMENT BE ENTERED ACCORDINGLY.
IT IS SO ORDERED.