Pease v. Veach

Filing 55

ORDER Granting Motion to Dismiss at Docket 25 and DISMISSING case. (Jan, Chambers Staff)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ALASKA

KEVIN W. PEASE,
Petitioner,

Case No. 4:10-cv-0023-RRB

vs.
R.V. VEACH,

ORDER GRANTING MOTION
TO DISMISS AT DOCKET 25

Respondent.

Before the Court at Docket 25 is the Respondent with a Motion
to

Dismiss

the

Petition

for

Writ

of

Habeas

Corpus

filed

by

Petitioner pursuant to 28 U.S.C. §§ 2254 and 1331. The motion is
opposed by Petitioner at Docket 39 and Respondent replies at
Docket 43.

The matter was considered by the Magistrate Judge who

issued a Final Report and Recommendation at Docket 44 in which he
recommended that the Motion to Dismiss be granted because the claim
is barred by the one-year statute of limitations established by the
Antiterrorist and Effective Death Penalty Act of 1996.
The Court has reviewed all of the relevant pleadings and finds
the Motion to Dismiss to be well-founded. Therefore, for the
reasons set forth by the Magistrate Judge in his Final Report and

ORDER GRANTING MOTION TO DISMISS - 1
4:10-CV-0023-RRB

Recommendation, the Motion to Dismiss at Docket 25 is hereby
GRANTED and this matter is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
ENTERED this 1st day of December, 2011.
S/RALPH R. BEISTLINE
UNITED STATES DISTRICT JUDGE

ORDER GRANTING MOTION TO DISMISS - 2
4:10-CV-0023-RRB