UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
October 20, 2009
BENNIE LEE MATHIS, PLAINTIFF,
DOMINGO URIBE, JR., WARDEN, DEFENDANT.
The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge
GRANTING RESPONDENT'S MOTION TO DISMISS [Doc. No. 6] DISMISSING PETITION WITH PREJUDICE [Doc. No. 1]
ORDER ACCEPTING REPORT AND ADOPTING FINDINGS, CONCLUSIONS, and RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; [Doc. No. 13]
OVERRULING PETITIONER'S OBJECTIONS; [Doc. Nos. 14 & 15]
Petitioner Bennie Lee Mathis, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus ("petition") challenging his conviction in 1993 for murder and his subsequent indeterminate life sentence [Doc. No. 1]. Respondent moves to dismiss the petition as untimely [Doc. No. 6]. Petitioner filed an opposition to the motion [Doc. No. 11]. The matter was referred to United States Magistrate Judge Anthony J. Battaglia for preparation of a Report and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B) and Civil Local Rule 72.3. Judge Battaglia issued a well reasoned and thorough Report recommending this Court grant Respondent's motion to dismiss. Petitioner timely filed objections [Doc. Nos. 14 & 15]. Respondent did not file an objection or a response to Petitioner's objections.
Under 28 U.S.C. § 636(b)(1), in reviewing a magistrate judge's report and recommendation, the district court "shall make a de novo determination of those portions of the report . . . to which objection is made," and "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." In the instant case, Petitioner objected to the Report and Recommendation. The Court has considered the merits of Petitioner's objections, and overrules them. Judge Battaglia reported the facts and applied the law correctly, reaching sound conclusions that this Court has no reason to reject.
Having reviewed the Report and Recommendation and the files and records herein, the Court adopts Judge Battaglia's Report and Recommendation in its entirety. Accordingly, the Court ADOPTS the Report and Recommendation to Grant Respondent's Motion to Dismiss is in its entirety and DISMISSES Petitioner's petition with prejudice for violating the limitation period of 28 U.S.C. § 2244(d).
IT IS SO ORDERED.
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