Opinion
CIVIL ACTION NO. 4:01-CV-638-Y
April 2, 2002
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:
By a Special Order entered on December 7, 2001, this case was transferred from the Honorable Eldon B. Mahon to this court.
1. The pleadings and record;
2. The proposed findings, conclusions, and recommendation of the United States Magistrate Judge filed on March 7, 2002.
3. The Petitioners written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on March 29, 2002.
The Court, after de novo review, finds and determines that Petitioner's objections must be overruled, and that the petition for writ of habeas corpus should be dismissed with prejudice as time-barred under 28 U.S.C. § 2244, for the reasons stated in the magistrate judge's findings and conclusions.
Taff asserts that the statute of limitations should be tolled, and he requests the Court to hold the action in abeyance in order for him to obtain "paperwork" for the court's review. (March 29 Objections.) Taff has known, however, at least since the State raised limitations in its preliminary response on October 5, 2001 or as a result of the Court's initial order of August 7, that limitations was in issue in this case. Thus, such request is denied, and as Taff has raised no new factual basis for tolling, his objection is overruled for the reasons stated in the magistrate judge's report at pages 4-5.
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 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.