Summary
stating that R R places petitioner on notice to object to magistrate judge's sua sponte recommendation of dismissal of habeas petition as untimely filed
Summary of this case from Anderson v. Dunbar Armored, Inc.Opinion
Case No. 07-60636-CIV-COHN/WHITE.
March 20, 2008
ORDER ADOPTING REPORT AND RECOMMENDATIONS
THIS CAUSE is before the Court upon a Report and Recommendation [DE 27], submitted by United States Magistrate Judge Patrick A. White, regarding Petitioner Nyka Tossiant O'Connor's pro se Petition for Writ of Habeas Corpus, construed as being filed pursuant to 28 U.S.C. § 2254, seeking relief from his convictions of third-degree felony murder and armed robbery in Broward County Circuit Court case number 00-5323-CF10B. Pursuant to 28 U.S.C. § 636(b)(1), the Court has conducted a de novo review of the record herein, including the Petition and the Report and Recommendation, and is otherwise fully advised in the premises. The Court notes that Mr. O'Connor has filed no Objections to the Report and Recommendation, and the time for filing such objections has expired. In consideration of the foregoing, it is hereby
ORDERED AND ADJUDGED as follows:
1. The Report of Magistrate Judge Patrick A. White [DE 27] is ADOPTED.
2. Petitioner Nyka Tossaint O'Connor's Petition for Writ of Habeas Corpus [DE 1] is DISMISSED as time-barred.
3. Any other pending motions are DENIED as moot. The Clerk of Court is directed to CLOSE this case.