Long v. Quarterman, No. 4:2008cv00331 - Document 14 (N.D. Tex. 2008)
Court Description: ORDER ADOPTING 12 Findings and Recommendations (Ordered by Judge Terry R Means on 10/23/08) (wrb)
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Long v. Quarterman Doc. 14 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION ELGIN WAYNE LONG, Petitioner, VS. § § § § NATHANIEL QUARTERMAN, Director, § T.D.C.J., Correctional § Institutions Div., § Respondent. § CIVIL ACTION NO.4:08-CV-331-Y ORDER ADOPTING MAGISTRATE JUDGE'S FINDINGS AND CONCLUSIONS In this action brought by petitioner Elgin Wayne Long under 28 U.S.C. § 2254, the Court has made an independent review of the following matters in the above-styled and numbered cause: 1. The pleadings and record; 2. The proposed findings, conclusions, and recommendation of the United States magistrate judge filed on September 26, 2008; and 3. The petitioner's written objections to the proposed findings, conclusions, and recommendation of the United States magistrate judge filed on October 20, 2008. The Court, after de novo review, concludes that Petitioner’s objections must be overruled, and that the petition for writ of habeas corpus should be dismissed with prejudice as time-barred under 28 U.S.C. § 2244, for the reasons stated in the magistrate judge's findings and conclusions.1 Therefore, the findings, conclusions, and recommendation of the magistrate judge are ADOPTED. Petitioner Elgin Wayne Long’s petition for writ of habeas corpus is DISMISSED WITH PREJUDICE. SIGNED October 23, 2008. ____________________________ TERRY R. MEANS UNITED STATES DISTRICT JUDGE 1 As noted in footnote 2 of the magistrate judge’s report, even if it could be said that Long did not learn of the factual predicate for his claim–-that the parole board wrongfully denied him for release to mandatory supervision because of a prior conviction for murder–-until the later date of May 4, 2005 when he was not released, the petition under 28 U.S.C. § 2254 in this case is still filed beyond the applicable limitations period. Dockets.Justia.com
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