Vaughn v. Haney

Filing 10

ORDER: Judge Wier's Report and Recommendation, 9 is ADOPTED as the opinion of the Court. A judge shall be entered concurrently w/this Order. Signed by Judge Amul R. Thapar on 12/28/2009. (EHM)cc: COR; Pro Se Petitioner

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UNITED STATES DISTRICT COURT EASTER N DISTRICT OF KENTUCKY SO U TH ER N DIVISION LO N D O N G AR Y D. VAUGHN, Petitioner, v. STEVE HANEY, Respondent. ) ) ) ) ) ) ) ) ) ) ) C ivil Action No. 09-56-ART OR D E R *** *** *** *** O n March 2, 2009, Magistrate Judge Robert E. Wier ordered the petitioner, Gary D. Vaughn, to show why his petition under 28 U.S.C. 2254 for writ of habeas corpus, R. 1, should not be dismissed as untimely. R. 4. On March 24, 2009, Vaughn filed a response to the show cause order. R. 8. Since Vaughn's response did not challenge the Court's previous timeliness calculation and it only supported equitable tolling, on December 8, 2009, Judge Wier recommended that the Court dismiss his petition as untimely. R. 9. Vaughn had fourteen days from December 8, 2009, to file any objections to Judge Wier's R eport and Recommendation, R. 9. See Fed. R. Civ. P. 72(b). He did not, and thus, the time for filing objections has expired. Accordingly, it is ORDERED that Judge Wier's Report and R ecommendation, R. 9, is ADOPTED as the opinion of the Court. A Judgment shall be entered concurrently with this Order. This the 28th day of December, 2009. 2

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