Opinion
2:01-CV-0056
June 26, 2001
ORDER OVERRULING OBJECTIONS. ADOPTING REPORT AND RECOMMENDATION. AND DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS
On May 30, 2001, the United States Magistrate Judge issued a Report and Recommendation in this cause, recommending therein that petitioner's federal application for habeas corpus relief be dismissed. Petitioner filed objections to the Magistrate Judge's Report and Recommendation on June 7, 2001. In his objections, Petitioner argues that the Court erred in applying the more liberal standard as reviewed in the Report and Recommendation by including the Step 1 and Step 2 grievance period in computing the one-year limitation period during which a federal application for a writ of habeas corpus must be filed. Adopting the argument Petitioner makes in his objections, the one-year statute of limitations would have expired on July 15, 1999, rather than October 7, 1999; thus, Petitioner's petition is time-barred.
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. The District Judge is of the opinion petitioner's objections should be, and hereby are, OVERRULED. The District Judge is of the further opinion that the Magistrate Judge's Report and Recommendation should be, and hereby is, ADOPTED. Accordingly, the petition for writ of habeas corpus filed by petitioner is DISMISSED.
LET JUDGMENT BE ENTERED ACCORDINGLY.
The United States District Clerk is directed to mail a copy of this Order to petitioner and to each attorney of record by first class U.S. mail.
IT IS SO ORDERED.