Frazier v. Giles et al (INMATE 3)

Filing 22

ORDER that: 1. The petitioner's objection 21 to the Recommendation of the Magistrate Judge filed on January 18, 2012 is overruled; 2. The Recommendation of the Magistrate Judge 20 filed on January 18, 2012 is adopted; 3. The petition for habeas corpus relief is DENIED as it was not filed within the one-year period of limitation mandated by 28 U.S.C. § 2244(d)(1) and this case is DISMISSED with prejudice. Signed by Honorable Judge Truman M. Hobbs on 2/28/2012. (jg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JAMES CALVIN FRAZIER, #177281,
Petitioner,
v.
J. C. GILES, et al.,
Respondents.

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CASE NO. 2:09-cv-1167-TMH
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The petitioner's objection (Doc. #21) to the Recommendation of the Magistrate
Judge filed on January 18, 2012 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #20) filed on January 18,
2012 is adopted;
3. The petition for habeas corpus relief is DENIED as it was not filed within the oneyear period of limitation mandated by 28 U.S.C. § 2244(d)(1) and this case is DISMISSED
with prejudice.
DONE this the 28th day of February, 2012.
/s/ Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE