Opinion
No. CIV-15-170-C
08-14-2015
KEENAN DEON WHITE, Petitioner, v. ROBERT PATTON, Director, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
This action for habeas corpus relief brought by a prisoner, proceeding pro se, was referred to United States Magistrate Judge Gary M. Purcell, consistent with the provisions of 28 U.S.C. § 636(b)(1)(B). Judge Purcell entered a Report and Recommendation on June 22, 2015, to which Petitioner has timely objected. The Court therefore considers the matter de novo.
In his Objection, Petitioner merely reargues the merits of his claim of ineffective assistance of appellate counsel; he never even addresses the issue of timeliness. The Court finds the factual and legal conclusions recommended by the Magistrate Judge are in all respects correct.
Accordingly, the Court adopts, in its entirety, the Report and Recommendation of the Magistrate Judge, and for the reasons announced therein, this petition for habeas corpus relief is dismissed as untimely. As no amendment can cure the defect, this dismissal acts as an adjudication on the merits, and a judgment will enter.
IT IS SO ORDERED this 14th day of August, 2015.
/s/_________
ROBIN J. CAUTHRON
United States District Judge