Martinez v. Mitchem et al (INMATE3)

Filing 11

ORDERED that the 9 Recommendation of the Magistrate Judge is ADOPTED; further ORDERED that the petition for habeas corpus relief is DENIED as it was not filed within the one-year period of limitation of 28 USC § 2244(d) and that this action is DISMISSED with prejudice. Signed by Chief Judge William Keith Watkins on 2/28/2014. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION GEORGE FIDEL MARTINEZ, # 230447, Plaintiff, v. BILLY MITCHEM and LUTHER STRANGE, Defendants. ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:11-CV-667-WKW ORDER There being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 9), and upon an independent review of the file in this case, it is ORDERED that the Recommendation is ADOPTED. It is further ORDERED that the petition for habeas corpus relief is DENIED as it was not filed within the one-year period of limitation of 28 U.S.C. ยง 2244(d) and that this action is DISMISSED with prejudice. DONE this 28th day of February, 2014. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE

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