Summary
holding that petitioner's judgment became final, and the one-year limitation period began to run, when the OCCA granted his motion to dismiss the appeal of the denial of his motion to withdraw appeal and motion for new trial
Summary of this case from Ortega v. AddisonOpinion
Case No. CIV-09-0733-F.
January 6, 2010
ORDER
This action seeks habeas relief under 28 U.S.C. § 2254. Petitioner appears pro se and his pleadings are liberally construed.
Magistrate Judge Valerie K. Couch entered her Report and Recommendation in this matter on November 30, 20009, recommending that respondent's motion to dismiss (doc. nos. 11-12) be granted and that the petition be dismissed as untimely. (Report at doc. no. 17.) Petitioner filed a timely objection to the Report, objecting to the magistrate judge's recommended findings and conclusions on the basis that he was senile and did not intentionally file his petition out of time. (Doc. no. 18.) Accordingly, the court reviews all objected to issues de novo.
After careful study of petitioner's objections, the Report, the record, and the relevant legal authorities, the court finds and concludes that it concurs with the magistrate judge's determinations. The court further finds that no purpose would be served by repeating the magistrate judge's determinations or by presenting any additional analysis here.
Accordingly, the Report and Recommendation of Magistrate Judge Couch is ACCEPTED, ADOPTED, and AFFIRMED in its entirety. Respondent's motion to dismiss is GRANTED and the petition for a writ of habeas corpus is DISMISSED as untimely.