Minnifield v. Holt et al (INMATE1)

Filing 61

ORDER directing as follows: 1) Mr. Minnifield's 60 Objection is OVERRULED; 2) The 59 Recommendation is ADOPTED; 3) The 28 USC 2254 petition for habeas corpus relief filed by Mr. Minnifield on 1/24/2006, is DENIED as Mr. Minnifield failed to file this petition within the one-year period of limitation set forth in 28 USC 2244(d)(1); 4) This action is DISMISSED with prejudice; An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 2/23/2009. (wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JO H N WILLIE MINNIFIELD, #112145, P e t i t io n e r , v. ARNOLD HOLT, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) )

CASE NO. 2:06-CV-54-WKW[WO]

OR DER O n January 27, 2009, the Magistrate Judge filed a Recommendation in this case. (D o c . # 59.) Petitioner John Willie Minnifield ("Mr. Minnifield") filed an objection on F e b ru a ry 17, 2009. (Doc. # 60.) Having independently reviewed the file in this case and c o n d u c te d a de novo review of those portions of the Recommendation to which objection is m a d e , see 28 U.S.C. § 636(b)(1)(C), the court finds that the objection lacks merit for s u b s ta n tia lly the same reasons set forth in the Magistrate Judge's Recommendation and that th e objection does not warrant further discussion. Accordingly, it is ORDERED as follows: 1. 2. 3. M r. Minnifield's objection (Doc. # 60) is OVERRULED. T h e Recommendation (Doc. # 59) is ADOPTED. T h e 28 U.S.C. § 2254 petition for habeas corpus relief filed by Mr. Minnifield

o n January 4, 2006, is DENIED as Mr. Minnifield failed to file this petition within the oneyea r period of limitation set forth in 28 U.S.C. § 2244(d)(1). 4. T h is action is DISMISSED with prejudice.

A n appropriate judgment will be entered. D O N E this 23rd day of February, 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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