Opinion
2:04-CV-0126.
July 12, 2004
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 MANUEL LEON SUAREZ wherein petitioner challenges his July 17, 2001 state conviction for the felony offense of aggravated robbery. On May 28, 2004, 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 June 9, 2004 and supplemental objections on July 7, 2004.
The undersigned United States District Judge has made an independent examination of the record in this case, including the Report and Recommendation of the Magistrate Judge as well as the objections filed by petitioner. Even if this Court were to exclude, from the statutory limitation period, the time from December 19, 2003, the date petitioner claims he placed his state habeas application in the mail, to March 17, 2004, the date petitioner's state habeas application was denied, the instant federal habeas application would still be time barred. Consequently, petitioner's objections are without merit and are hereby OVERRULED. The Magistrate Judge's Report and Recommendation is hereby ADOPTED. Accordingly, the petition for a writ of habeas corpus filed by petitioner MANUEL LEON SUAREZ is DISMISSED as time barred.
LET JUDGMENT BE ENTERED ACCORDINGLY.
IT IS SO ORDERED.