Curtis v. Mosley et al (INMATE1)

Filing 31

ORDER AND OPINION ADOPTING 27 REPORT AND RECOMMENDATION of the Magistrate Judge and that: 1. The 1 28 U.S.C. 2254 petition for habeas corpus relief filed by Curtis L. Anderson is DENIED as Anderson failed to file the petition within the one-year period of limitations set forth in 28 U.S.C. 2244(d)(1). 2. This case is DISMISSED with prejudice. Signed by Honorable W. Harold Albritton, III on 3/2/2009. (dmn) [Modified on 3/2/2009 to include "OPINION" in the text.-DMN]

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION CURTIS L. ANDERSON, #141707, Petitioner, v. GWENDOLYN MOSLEY, et al., Respondents. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:06cv512-WHA ( WO)

ORDER AND OPINION On January 29, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 27). A Motion for Reconsideration was filed on February 19, 2009, and denied on the same day. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The 28 U. S. C. § 2254 petition for habeas corpus relief filed by Curtis L. Anderson is DENIED as Anderson failed to file the petition within the oneyear period of limitation set forth in 28 U.S.C. § 2244(d)(1). 2. This case is DISMISSED with prejudice.

Done this the 2nd day of March, 2009.

/s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE