ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to Clerk of the Court)

MEANS, Judge

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 January 18, 2002.

3. The Petitioner's written objections to the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on February 28, 2002.

The Court, after de novo review, finds and determines that Petitioner's objections must be overruled, that the Respondent's motion to dismiss as time barred under 28 U.S.C. § 2244(d) should be denied, and that the petition for writ of habeas corpus should be denied, 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 therefore ORDERED that Respondent's September 20, 2001 motion to dismiss, in part, pursuant to 28 U.S.C. § 2244(d) be, and is hereby, DENIED.

It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DENIED.

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.