Cutts v. Jones et al (INMATE1)

Filing 28

JUDGMENT, in accordance with the memorandum opinion, it is the ORDER, JUDGMENT, and DECREE of the court: (1) petitioner's 25 objections are overruled; (2) ADOPTING 23 REPORT AND RECOMMENDATION of the Mag Judge; (3) the petition for writ of h abeas corpus 1 is denied as time-barred; further ORDERING that costs are taxed against the petitioner, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 1/30/09. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

RUSSELL WILLIAM CUTTS, JR., ) ) Petitioner, ) ) v. ) ) KENNETH JONES, Warden, and ) TROY KING, Attorney General ) of the State of Alabama, ) ) Respondents. ) JUDGMENT

CIVIL ACTION NO. 1:06cv256-MHT (WO)

In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court: (1) Petitioner's overruled. (2) The United States Magistrate Judge's objections (Doc. No. 25) are

recommendation (Doc. No. 23) is adopted. (3) The petition for writ of habeas corpus (Doc. No. 1) is denied as time-barred. It is further ORDERED that costs are taxed against

petitioner, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 30th day of January, 2009.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE