Barnes v. Prudden, No. 4:2010cv01705 - Document 18 (E.D. Mo. 2013)
Court Description: OPINION, MEMORANDUM AND ORDER re: 15 ORDERED that Petitioners petition for writ of habeas corpus is denied. A separate judgment is entered this same date.. Signed by District Judge Henry E. Autrey on 11/7/13. (CEL)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JAMES G. BARNES, Petitioner, v. JAMES HURLEY, Respondent, ) ) ) ) ) ) ) ) ) Case No. 4:10CV1705 HEA OPINION, MEMORANDUM AND ORDER This matter is before the Court on the Order and Report and Recommendation, of Magistrate Judge Thomas C. Mummert, III that Petitioner s petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 be dismissed as untimely. Petitioner has not filed any objections to the Report and Recommendation within the prescribed time period. After careful consideration, the Court will adopt and sustain the sound reasoning of Judge Mummert as set forth in his Order and Report and Recommendation. Accordingly, IT IS HEREBY ORDERED that Petitioner s petition for writ of habeas corpus is denied. A separate judgment is entered this same date. Dated this 7th day of November, 2013. _______________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE -2-
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