Filed: Apr. 29, 2019
Latest Update: Apr. 29, 2019
Summary: ORDER CINDY K. JORGENSON , District Judge . On March 28, 2019, Magistrate Judge Lynnette C. Kimmins issued a Report and Recommendation (Doc. 16) in which she recommended the Court enter an order dismissing Petitioner Jerry A. Pabro's Petition for Writ of Habeas Corpus as untimely. The Report and Recommendation advised the parties that, pursuant to Federal Rule of Civil Procedure 72(b)(2), any party may serve and file written objections within fourteen (14) days of being served with a copy o
Summary: ORDER CINDY K. JORGENSON , District Judge . On March 28, 2019, Magistrate Judge Lynnette C. Kimmins issued a Report and Recommendation (Doc. 16) in which she recommended the Court enter an order dismissing Petitioner Jerry A. Pabro's Petition for Writ of Habeas Corpus as untimely. The Report and Recommendation advised the parties that, pursuant to Federal Rule of Civil Procedure 72(b)(2), any party may serve and file written objections within fourteen (14) days of being served with a copy of..
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ORDER
CINDY K. JORGENSON, District Judge.
On March 28, 2019, Magistrate Judge Lynnette C. Kimmins issued a Report and Recommendation (Doc. 16) in which she recommended the Court enter an order dismissing Petitioner Jerry A. Pabro's Petition for Writ of Habeas Corpus as untimely. The Report and Recommendation advised the parties that, pursuant to Federal Rule of Civil Procedure 72(b)(2), any party may serve and file written objections within fourteen (14) days of being served with a copy of the Report and Recommendation. No objections have been filed within the time provided by Fed. R. Civ. P. 72(b)(2).1
After an independent review, the Courts finds it appropriate to adopt the Report and Recommendation and dismiss the Petition under 28 U.S.C. § 2254 for a Writ of Habeas Corpus as untimely.
Accordingly, IT IS ORDERED:
1. The Report and Recommendation (Doc. 16) is adopted.
2. The Petition Under 28 U.S.C. § 2254 for a Writ of Habeas Corpus (Doc. 1) is denied.
4. The Clerk of the Court shall enter judgment and shall then close its file in this matter.
5. Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists could not "debate whether (or, for that matter, agree that) the petition should have been resolved in a different manner or that the issues presented were `adequate to deserve encouragement to proceed further.'" See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
