Kotowski v. Roy et al

Filing 15

Order Adopting the Report and Recommendation of Magistrate Judge 11 ; Denying the Petition for a Writ of Habeas Corpus 1 ; Dismissing this matter with prejudice; and Denying Petitioner a Certificate of Appealability. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by The Honorable Paul A. Magnuson on 02/23/2012. (LLM) cc: John Joseph Kotowski. Modified on 2/23/2012 (lmb).

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

John Joseph Kotowski,

Civil No. 11-3219 (PAM/FLN)
Petitioner,

v.

ORDER

Tom Roy, Commissioner of Corrections,
and Michelle Smith, Warden,
Respondents.

This matter is before the Court on the Report and Recommendation (“R&R”) of
United States Magistrate Judge Franklin L. Noel dated December 14, 2011. The R&R
recommended that this Court dismiss Petitioner’s application for habeas corpus relief under
28 U.S.C. § 2254 as time barred. Petitioner filed objections to the R&R.
According to statute, the Court must conduct a de novo review of any portion of the
Magistrate Judge’s opinion to which specific objections are made. 28 U.S.C. § 636(b)(1)(C);
Fed. R. Civ. P. 72(b); D. Minn. L.R. 72.2(b). Based on that de novo review, the Court adopts
the R&R and dismisses Petitioner’s Petition for Writ of Habeas Corpus as untimely.
In his objections to the R&R Petitioner attempts to explain why his habeas petition
should not be deemed untimely. But none of Petitioner’s excuses for failing to file a petition
within the one-year limitation period prescribed by Congress are sufficient to render
Magistrate Judge Noel’s conclusion incorrect or Petitioner’s habeas petition timely.

Accordingly, IT IS HEREBY ORDERED that:
1.

Magistrate Judge Noel’s Report and Recommendation dated December 14,
2011 (Docket No. 11) is ADOPTED;

2.

The Petition for a Writ of Habeas Corpus (Docket No. 1) is DENIED;

3.

This matter is summarily DISMISSED with prejudice; and

4.

Petitioner is DENIED a Certificate of Appealability.

LET JUDGMENT BE ENTERED ACCORDINGLY.

Dated: February 23, 2012

s/ Paul A. Magnuson
Paul A. Magnuson
United States District Court Judge

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