Owens v. Giles et al (INMATE1)

Filing 21

ORDER overruling the 20 Objection; adopting the 17 RECOMMENDATION of the Magistrate; denying the habeas petition as Owens failed to file the petition within the applicable one-year period of limitations. Signed by Honorable Truman M. Hobbs on 6/4/2010. (br, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION R IC H A R D OWENS, JR., P e t i t io n e r , v. J . C. GILES, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) )

C A S E NO. 2:08-cv-0770-TMH WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The petitioner's objection (Doc. #20) to the Recommendation of the Magistrate J u d g e filed on May 11, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #17) filed on April 19, 2010 is adopted; 3 . The 28 U.S.C. § 2254 petition for habeas corpus relief filed by Owens on S e p tem b e r 17, 2008 is DENIED as Owens failed to file the petition within the applicable o n e - ye a r period of limitations. D O N E this the 4th day of June, 2010. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE