McCray v. Thomas et al (INMATE1)

Filing 53

ORDERED that the 52 Report and Recommendation is adopted; Mr. McCray's petition for habeas corpus relief is DENIED as untimely under 28 USC 2244(d)(1) and this case is DISMISSED with prejudice; An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 12/29/2008. (wcl, )

IN THE UNITED STATES DISTRICT COURT FOR T H E MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION W I L L IE MCCRAY, A IS # 183709, P e t i t io n e r , v. W IL L IE THOMAS, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) ) ORDER B e f o re the court is the Report and Recommendation of the Magistrate Judge (Doc. # 5 2 ) and the Petition for Writ of Habeas Corpus (Doc. # 1) filed by Mr. Willie McCray. There b e in g no objections filed to the Report and Recommendation of the Magistrate Judge, and u p o n an independent review of the file, it is ORDERED that the Report and R e c o m m e n d a tio n is adopted. Mr. McCray's petition for habeas corpus relief is DENIED as u n tim e ly under 28 U.S.C. § 2244(d)(1) and this case is DISMISSED with prejudice. An appropriate judgment will be entered. D O N E this 29th day of December, 2008. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

C A S E NO. 1:06-CV-1107-WKW