Pettinato v. Eagleton

ORDER

DUFFY, District Judge.

This matter is before the court upon the United States Magistrate Judge’s recommendation that Mitchell J. Pettinato’s (“Pettinato”) petition under 28 U.S.C. § 2254 be dismiss as untimely. The record includes a report and recommendation (“R & R”) of the Magistrate Judge, which was made in accordance with 28 U.S.C. § 636(b)(1)(B). A petitioner may object, in writing, to an R & R within ten days after being served with a copy of that report. 28 U.S.C. § 636(b)(1). Petitioner filed timely objections to the R & R on July 8, 2004.

BACKGROUND

Pettinato is confined at the…