Ealy v. Ferrell et al (INMATE 2)

Filing 24

ORDER AND OPINION that the 23 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The petition for habeas corpus relief filed by Petitioner Thomas Ealy is DENIED as Petitioner filed to file the petition within the one-year period of limitation set forth in 28 U.S.C. § 2244(d)(1); and 2. The petition is DISMISSED with prejudice. Signed by Honorable Judge Truman M. Hobbs on 2/28/2012. (jg, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
THOMAS JAMES EALY, #177006,
Petitioner,
v.
JERRY FERRELL, WARDEN, et al.,
Respondents.

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CIVIL ACTION NO. 1:09cv1157-TMH

ORDER AND OPINION
On February 8, 2012, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 23). Upon an independent review of
the file in this case and upon consideration of the Recommendation of the Magistrate Judge,
it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be
and is hereby ADOPTED and that:
1.

The petition for habeas corpus relief filed by Petitioner Thomas Ealy is

DENIED as Petitioner filed to file the petition within the one-year period of limitation set
forth in 28 U.S.C. § 2244(d)(1); and
2.

The petition is DISMISSED with prejudice.

Done this the 28 th day of February, 2011.
/s/ Truman M. Hobbs
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SENIOR UNITED STATES DISTRICT JUDGE