Gobert v. Quarterman

Filing 14

MEMORANDUM ORDER overruling petitioner's objections and adopting 12 Report and Recommendation. Signed by Judge Ron Clark on 1/6/10. (tkd, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS BEAUMONT DIVISION JOHN KIM GOBERT VS. DIRECTOR, TDCJ-CID CIVIL ACTION NO. 1:09-CV-245 MEMORANDUM ORDER OVERRULING PETITIONER'S OBJECTIONS AND ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION Petitioner John Kim Gobert, proceeding through counsel, brought this petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The court ordered that this matter be referred to the Honorable Earl S. Hines, United States Magistrate Judge, at Beaumont, Texas, for consideration pursuant to applicable laws and orders of this court. The magistrate judge has submitted a Report and Recommendation of United States Magistrate Judge. The magistrate judge recommends dismissing the petition as barred by the statute of limitations. The court has received and considered the Report and Recommendation of United States Magistrate Judge, along with the record and pleadings. Petitioner filed objections to the magistrate judge's Report and Recommendation. The court has conducted a de novo review of the objections in relation to the pleadings and the applicable law. See FED. R. CIV. P. 72(b). After careful consideration, the court concludes the objections are without merit. The magistrate judge correctly concluded that the statute of limitations began to run when the original judgment was final, not when the nunc pro tunc judgment was entered. ORDER Accordingly, petitioner's objections are OVERRULED. The findings of fact and conclusions of law of the magistrate judge are correct, and the report of the magistrate judge is ADOPTED. A final judgment will be entered in this case in accordance with the magistrate judge's recommendation. So ORDERED and SIGNED this 6 day of January, 2010. ___________________________________ Ron Clark, United States District Judge 2

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