BUCHANAN v. HEPP

LYNN ADELMAN, District Judge

On September 21, 2009, respondent filed a motion to dismiss this habeas petition as untimely pursuant to 28 U.S.C. § 2244(d)(1). On November 3, 2009, I issued an order noting that petitioner had not responded to the motion. I informed petitioner that if he did not file his response by December 4, 2009, I would consider respondent's motion unopposed and would grant the motion. To date, petitioner has not filed a response, and therefore I consider respondent's motion unopposed and will grant it.

For the reasons stated, IT IS ORDERED that respondent's motion to dismiss is GRANTED. The clerk of court shall enter final judgment.

SO ORDERED at Milwaukee, Wisconsin.