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, )

Download PDF
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 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?