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Defluiter v. Brunsman

December 18, 2006

GARY LEE DEFLUITER, PETITIONER,
v.
TIMOTHY BRUNSMAN, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Judge Holschuh

MAGISTRATE JUDGE ABEL

OPINION AND ORDER

On November 24, 2006, the Magistrate Judge issued a Report and Recommendation recommending that the instant petition for a writ of habeas corpus be dismissed as barred by the one year statute of limitations under 28 U.S.C. §2254. Petitioner has filed objections to the Magistrate Judge's Report and Recommendation. Doc. No. 13. Petitioner contends that this action is timely because he challenges the jurisdiction of the state courts. Pursuant to 28 U.S.C. 636(b)(1), this Court has conducted a de novo review of the Report and Recommendation.

For the reasons detailed in the Magistrate Judge's Report and Recommendation, petitioner's objections are OVERRULED. The Report and Recommendation is ADOPTED AND AFFIRMED. This action is hereby DISMISSED.

IT IS SO ORDERED.

JOHN D. HOLSCHUH United States District Judge

20061218

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