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Markevian Harris v. Secretary Kenneth S. Tucker

January 5, 2012

MARKEVIAN HARRIS, PETITIONER,
v.
SECRETARY KENNETH S. TUCKER, RESPONDENT.



The opinion of the court was delivered by: William Stafford Senior United States District Judge

ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION

Before the court is the magistrate judge's report and recommendation docketed November 28, 2011. See Doc. 7. The magistrate judge recommends that the petitioner's petition for writ of habeas corpus be denied as untimely. The petitioner has filed objections (doc. 8) to the magistrate judge's report and recommendation.

Upon review of the record in light of the petitioner's objections, the court has determined that the magistrate judge's report and recommendation should be adopted. Accordingly, it is ORDERED:

1. The magistrate judge's report and recommendation (doc. 7) is hereby ADOPTED and incorporated by reference into this order.

2. The petitioner's petition for writ of habeas corpus (doc. 1) is hereby DENIED as untimely.

3. The clerk shall enter judgment stating: "All claims are DISMISSED as untimely."

4. A certificate of appealability shall not issue.

William Stafford

20120105

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