FRANKLIN v. DOOLEY, CIV 15-4149. (2016)
Court: District Court, D. South Dakota
Number: infdco20160106d65
Visitors: 6
Filed: Jan. 05, 2016
Latest Update: Jan. 05, 2016
Summary: ORDER LAWRENCE L. PIERSOL , District Judge . Petitioner Larry James Franklin, an inmate at the Mike Durfee State Prison in Springfield, South Dakota, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. The Magistrate Judge issued a Report and Recommendation recommending that the Petition be dismissed with prejudice as untimely. Petitioner filed no objections to the Report and Recommendation. After conducting an independent review of the record, the Court agrees wit
Summary: ORDER LAWRENCE L. PIERSOL , District Judge . Petitioner Larry James Franklin, an inmate at the Mike Durfee State Prison in Springfield, South Dakota, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. The Magistrate Judge issued a Report and Recommendation recommending that the Petition be dismissed with prejudice as untimely. Petitioner filed no objections to the Report and Recommendation. After conducting an independent review of the record, the Court agrees with..
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ORDER
LAWRENCE L. PIERSOL, District Judge.
Petitioner Larry James Franklin, an inmate at the Mike Durfee State Prison in Springfield, South Dakota, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The Magistrate Judge issued a Report and Recommendation recommending that the Petition be dismissed with prejudice as untimely. Petitioner filed no objections to the Report and Recommendation.
After conducting an independent review of the record, the Court agrees with the Magistrate Judge. Accordingly,
IT IS ORDERED:
1. That the Magistrate Judge's Report and Recommendation (Doc. 15) is ADOPTED.
2. That Petitioner's Petition for Writ of Habeas Corpus (Doc. 7) is DISMISSED with prejudice.
3. That Respondents' Motion to Dismiss Petitioner's Application for Writ of Habeas Corpus (Doc. 11) is GRANTED.
4. That a certificate of appealability shall not issue.
Source: Leagle
