Johnson v. Lawson et al

Filing 8

ORDER ADOPTING 5 Report and Recommendation. 1 Petition Under 28 USC 2254 for Writ of Habeas Corpus by a Person in State Custody filed by Victor Ray Johnson is DISMISSED upon filing as untimely under 28 USC 2244(d)(1). Signed by Honorable Stephen P. Friot on 1/24/12. (llg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA

VICTOR RAY JOHNSON,
Plaintiff,
-vsJUSTIN JONES,
Defendant.

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Case No. CIV-11-1370

ORDER
On December 20, 2011, United States Magistrate Judge Doyle W. Argo issued
a Report and Recommendation, wherein he recommended that petitioner’s petition for
a writ of habeas corpus pursuant to 28 U.S.C. § 2254 be dismissed upon filing as
untimely.
Presently before the court is the timely objection of petitioner to the
recommended ruling of Magistrate Judge Argo. In accordance with 28 U.S.C.
§ 636(b)(1), the court has conducted a de novo review of the matter. Having done so,
the court concurs with the analysis of Magistrate Judge Argo. The court finds
petitioner’s objection to be without merit. The court concludes that the § 2254
petition is untimely, and statutory and equitable tolling does not apply. Consequently,
the court accepts, adopts, and affirms the Report and Recommendation in its entirety.
Accordingly, the Report and Recommendation issued by United States
Magistrate Judge Doyle W. Argo on December 20, 2011 (doc. no. 5) is ACCEPTED,
ADOPTED, and AFFIRMED. The petition under 28 U.S.C. § 2254 for Writ of
Habeas Corpus by a Person in State Custody (doc. no. 1) filed by petitioner, Victor

Ray Johnson, on November 17, 2011, is DISMISSED upon filing as untimely under
28 U.S.C. § 2244(d)(1).
Dated January 24, 2012.

11-1370p001.wpd

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