KIRBY v. FORNISS

W. WATKINS, District Judge

There being no objections filed to the Recommendation of the Magistrate Judge (Doc # 23), and upon an independent review of the file in this case, it is ORDERED that the Recommendation is adopted and that:

1. Petitioner's 28 U.S.C. § 2254 petition for habeas corpus relief filed on May 25, 2006 is DENIED.

2. This cause of action is DISMISSED with prejudice as time-barred.

An appropriate judgement will be entered.