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, )

Download PDF
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 Dockets.Justia.com DONE this the 24th day of August, 2010. /s / Ira DeMent SENIOR 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?