Opinion
CIVIL ACTION NO. 4:00-CV-684-Y
May 30, 2001
ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS (With Special Instructions to the Clerk of Court)
Before the Court is the petition for writ of habeas corpus under 28 U.S.C. § 2254 of petitioner Bobby Duane Deaver, along with the April 27, 2001 findings, conclusions, and recommendation of the United States Magistrate Judge. Although the magistrate judge, pursuant to a notice and order of April 27, gave the parties until May 17, 2001 to file written objections to his findings, conclusions, and recommendation, as of the date of this order, no written objections have been filed.
The Court has reviewed the pleadings and the record in this case, and has reviewed for clear error the proposed findings, conclusions and recommendation of the United States Magistrate Judge filed on April 27, 2001, and finding none it is ORDERED that the findings, conclusions and recommendation of the magistrate judge should be, and are hereby, ADOPTED.
It is further ORDERED that Petitioner's Petition for Writ of Habeas Corpus be, and is hereby, DENIED.
In the alternative, it is ORDERED that petitioner Davis's petition for writ of habeas corpus, be, and is hereby, DISMISSED WITH PREJUDICE, as barred by the applicable statute of limitations.
It is further ORDERED that the clerk of the Court shall transmit a copy of this order to all parties by certified mail, return receipt requested.