Filed: Aug. 13, 2015
Latest Update: Aug. 13, 2015
Summary: ORDER MAURICE M. PAUL , Senior District Judge . This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated May 12, 2015. (Doc. 12). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The time for filing objections has passed, and none have been filed. Having considered the Report and Recommendation, I have determi
Summary: ORDER MAURICE M. PAUL , Senior District Judge . This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated May 12, 2015. (Doc. 12). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The time for filing objections has passed, and none have been filed. Having considered the Report and Recommendation, I have determin..
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ORDER
MAURICE M. PAUL, Senior District Judge.
This cause comes on for consideration upon the Magistrate Judge's Report and Recommendation dated May 12, 2015. (Doc. 12). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). The time for filing objections has passed, and none have been filed.
Having considered the Report and Recommendation, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is hereby
ORDERED AND ADJUDGED:
1. The Magistrate Judge's Report and Recommendation (doc. 12) is adopted and incorporated by reference in this order.
2. Respondent's Motion to Dismiss Ground Two of the Amended Petition (doc. 9) is GRANTED.
3. Ground Two of the Amended Petition for Writ of Habeas Corpus (doc. 5) is DISMISSED as untimely.
4. This case is remanded to the Magistrate Judge for further proceedings. On remand, the Magistrate Judge shall enter a scheduling order directing the parties to brief Ground One of the Amended Petition on the merits.
DONE AND ORDERED.
