Austin v. State of Alabama et al (INMATE 3)

Filing 8

ORDER ADOPTING 7 REPORT AND RECOMMENDATION and that Petitioner's 1 Petition for a Writ of Habeas Corpus under 28 U.S.C. 2254 is DENIED as time-barred, and that the case is DISMISSED with prejudice. An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 5/20/2009. (dmn)

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION M A R C E L AUSTIN, P e t i t io n e r , v. STATE OF ALABAMA, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) )

CASE NO. 2:07-CV-491-WKW (WO)

OR DER T h e re being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 7), and upon an independent review of the record, it is ORDERED that the R e c o m m e n d a tio n is ADOPTED, that Petitioner's petition for a writ of habeas corpus under 2 8 U.S.C. § 2254 (Doc. # 1) is DENIED as time-barred, and that the case is DISMISSED w ith prejudice. An appropriate judgment will be entered. D O N E this 20th day of May 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE