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William Mikell v. David A. Varano

February 28, 2011

WILLIAM MIKELL,
PETITIONER,
v.
DAVID A. VARANO, ET AL., RESPONDENTS.



The opinion of the court was delivered by: C. Darnell Jones II, U.S.D.J.

ORDER

AND NOW, this 28th day of February, 2011, upon consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254; the Report and Recommendation of U.S. Magistrate Judge L. Felipe Restrepo, and Petitioner's Objections thereto, it is hereby ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The Petition for Writ of Habeas Corpus is DISMISSED as time-barred.

3. A certificate of appealability should not issue because Petitioner has failed to show that a reasonable jurist could conclude that the Court is incorrect in dismissing the Petition as time-barred.

4. The Clerk of Court shall close this case for all purposes, including statistics.

BY THE COURT:

20110228

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