Gross v. Jones et al (INMATE 3)

Filing 11

OPINION. Signed by Honorable Judge Myron H. Thompson on 10/15/2014. (wcl, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION GREGORY GROSS, # 256564, Petitioner, v. KENNETH JONES and LUTHER STRANGE, Respondents. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:14cv208-MHT (WO) OPINION Pursuant to 28 U.S.C. § 2254, petitioner filed this habeas-corpus case. court on the This lawsuit is now before the recommendation Magistrate Judge denied time-barred. as that the of the United habeas-corpus Also before the States request court be are petitioner's objections to the recommendation. After an independent and de novo review of the record, the court concludes that the objections should be overruled, and the magistrate judge’s recommendation adopted. In his objections, petitioner argues that the federal petition limitation because he period does raises a not apply to “jurisdictional” his claim regarding the state trial court's jurisdiction in his case. If argument court regarding some force. 629 this (Ala. were an jurisdictional Alabama court, claims might his have See, e.g., McNeal v. State, 43 So. 3d 628, Crim. App. 2008) (challenge to allegedly illegal sentence raised in a Rule 32 proceeding not barred by the statute of limitations in Ala. R. Crim. P. 32.2(c), because, if the sentence is illegal, the sentence exceeds the jurisdiction of the trial court). However, there limitations is period no in similar 28 U.S.C. exception to §2244(d). the Thus, petitioner’s claim about the trial court's jurisdiction does not entitle him to any relief from operation of the federal statutory limitations bar. An appropriate judgment will be entered. DONE, this the 15th day of October, 2014. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE

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