Gross v. Jones et al (INMATE 3)

Filing 11

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

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