Stough v. Thomas et al (INMATE 3)

Filing 13

ORDER: it is ORDERED as follows: 1) The 12 Recommendation of the Magistrate Judge is ADOPTED; 2) Petitioner's 1 petition for writ of habeas corpus under 28 USC 2254 is DENIED; and 3) This action is DISMISSED with prejudice, as the petition was filed after expiration of the one-year limitation period in 28 USC 2244(d). Signed by Chief Judge William Keith Watkins on 11/1/2017. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
JOSEPH DAVID STOUGH, # 118365, )
)
Petitioner,
)
)
v.
) CASE NO.: 1:16-CV-397-WKW
)
[WO]
WILLIE THOMAS and
)
STEVEN T. MARSHALL, the Attorney )
General for the State of Alabama,
)
)
1
Respondents.
)
ORDER
Before the court is the Recommendation of the Magistrate Judge. (Doc.
# 12.) There being no timely objection filed to the Recommendation, and based on
an independent review of the record, it is ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 12) is

ADOPTED;
2.

Petitioner’s petition for writ of habeas corpus under 28 U.S.C. § 2254

(Doc. # 1) is DENIED; and
3.

This action is DISMISSED with prejudice, as the petition was filed

after expiration of the one-year limitation period in 28 U.S.C. § 2244(d).

1

Pursuant to Federal Rule of Civil Procedure 25(d), Luther Strange’s successor, Steven T.
Marshall, is substituted as the defendant.

A separate final judgment will be entered.
DONE this 1st day of November, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

2