Norman v. State of Alabama et al (INMATE3)

Filing 28

ORDER adopting the 22 RECOMMENDATION; overruling the 27 Objection; denying the petition 1 for habeas corpus; denying the 27 MOTION for de novo hearing; dismissing the case with prejudice. Signed by Honorable William Keith Watkins on 1/13/2010. (br, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION A L P H O N S O NORMAN, P e titio n e r, v. STATE OF ALABAMA, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) )

C A S E NO. 2:08-CV-229-WKW

ORDER O n Petitioner's motion (Doc. # 25), the court extended the time to object to the R e c o m m e n d a tio n of the Magistrate Judge ("Recommendation") (Doc. # 22). Petitioner has n o w filed an Objection (Doc. # 27), and the court has accordingly conducted an independent a n d de novo review of all portions of the Recommendation objected to. Such a review re v e a ls that Mr. Norman's petition, filed 17 years after his state court conviction and 12 years a f te r the expiration of his state sentence, is plainly barred by the statute of limitations found in 28 U.S.C. § 2244(d). On this basis alone, it must be denied. A c c o rd in g ly, it is ORDERED that: (1 ) (2 ) (3 ) T h e Recommendation (Doc. # 22) is ADOPTED; T h e Objection (Doc. # 27) is OVERRULED; P e titio n e r Alphonso Norman's petition for a writ of habeas corpus (Doc. # 1) is DENIED;

(4)

To the extent the Objection contains a motion for a de novo hearing, that m o tio n is DENIED, and;

(5)

T h is case is DISMISSED with prejudice.

D O N E this 13th day of January, 2010. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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