Citation Codes Equivalent Citations citation codes Docket Number Case No. 4:10-cv-0023-RRB Motions Motion to dismiss : Granted Motion to dismiss : Granted Judges Ralph R. Beistline Acts Judiciary And Judicial Procedure — Habeas Corpus — Particular Proceedings — State Custody; Remedies In Federal Courts Judiciary And Judicial Procedure — District Courts; Jurisdiction — Jurisdiction And Venue — Federal Question See more information ... Smart Summary Please sign up to generate summary. KEVIN W. PEASE, Petitioner, vs. R.V. VEACH, Respondent. ORDER GRANTING MOTION TO DISMISS AT DOCKET 25 RALPH R. BEISTLINE, UNITED STATES DISTRICT JUDGE Before the Court at Docket 25 is the Respondent with a Motion to Dismiss the Petition for Writ of Habeas Corpus filed by Petitioner pursuant to 28 U.S.C. § 2254 and 1331. The motion is opposed by Petitioner at Docket 39 and Respondent replies at Docket 43. The matter was considered by the Magistrate Judge who issued a Final Report and Recommendation at Docket 44 in which he recommended that the Motion to Dismiss be granted because the claim is barred by the one-year statute of limitations established by the Antiterrorist and Effective Death Penalty Act of 1996. The Court has reviewed all of the relevant pleadings and finds the Motion to Dismiss to be well-founded. Therefore, for the reasons set forth by the Magistrate Judge in his Final Report and Recommendation, the Motion to Dismiss at Docket 25 is hereby GRANTED and this matter is DISMISSED WITH PREJUDICE. IT IS SO ORDERED.