Miles v. Boyd et al (INMATE 2)

Filing 14

ORDER (1) OVERRULING petitioner's 13 objections to the recommendation of the Mag Judge; (2) the 12 REPORT AND RECOMMENDATION of the Mag Judge be and the same is hereby ADOPTED, APPROVED and AFFIRMED; and (3) the petition for habeas corpus re lief filed by Don Miles, Sr. 1 be and the same is hereby DISMISSED with prejudice because the Petitioner failed to file the petition within the one-year period of limitation set forth in 28 U.S.C. § 2244(d)(1). Signed by Honorable Ira De Ment on 8/24/10. (djy, )

Miles v. Boyd et al (INMATE 2)

Doc. 14

UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION

D O N MILES, SR., #237 629 P e titio n e r, v. L O U IS BOYD, WARDEN, et al., R e sp o n d e n ts .

) ) ) ) CASE NO. 2:09-cv-1095-ID ) (W O ) ) ) ) )

ORDER
B e fo re the Court are the Recommendation of the Magistrate Judge (Doc. #12) and th e Petitioner's objections to the Recommendation (Doc. #13). Having conducted a de n o v o review of the Recommendation, it is CONSIDERED and ORDERED that: 1. The Petitioner's objections to the Recommendation of the Magistrate Judge (D o c . #13) be and the same are hereby OVERRULED; 2. T h e Recommendation of the Magistrate Judge (Doc. #12) be and the same is hereby ADOPTED, APPROVED and AFFIRMED; and 3. T h e petition for habeas corpus relief filed by Don Miles, Sr., (Doc. # 1) be a n d the same is hereby DISMISSED with prejudice because the Petitioner fa ile d to file the petition within the one-year period of limitation set forth in 2 8 U.S.C. § 2244(d)(1). The Court will enter a separate final judgment. 1

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DONE this the 24th day of August, 2010.

/s / Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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