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Pigford v. Leyba

February 6, 2006

DAVID PIGFORD, APPLICANT,
v.
WARDEN MR. RON LEYBA AND THE ATTORNEY GENERAL OF THE STATE OF COLORADO, JOHN W. SUTHERS, RESPONDENTS.



The opinion of the court was delivered by: Judge Edward W. Nottingham

ORDER ACCEPTING MAGISTRATE JUDGE'S RECOMMENDATION

This matter is before the court on the "Recommendation on Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254" filed January 12, 2006. No party has objected to the recommendation. I have conducted the requisite de novo review of the issues, the record, and the recommendation. Based on this review, I have concluded that the recommendation is a correct application of the facts and the law. Accordingly, it is

ORDERED as follows:

1. The recommendation is ACCEPTED.

2. The Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 is DENIED as untimely.

DATED this 6th day of February, 2006.

EDWARD W. NOTTINGHAM United States District Judge

20060206

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