Williams v. Price et al (INAMTE2)

Filing 32

ORDER overruling petitioner's 31 Objection to Report and Recommendations; adopting 17 Report and Recommendations and 30 Supplemental Report and Recommendations; that petitioner's actual innocence claim presented in his 22 amended petition for habeas corpus relief is DENIED and DISMISSED with prejudice as insufficient to equitably toll the time bar applicable to petitioner's habeas application. Signed by Honorable Judge Truman M. Hobbs on 1/30/2012. (cc, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION LEON F. WILLIAMS, #240028, Petitioner, v. WILLIE THOMAS, Warden, et al., Respondents. ) ) ) ) ) ) ) ) CASE NO. 2:10-cv-886-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. #31) to the Recommendation of the Magistrate Judge filed on December 15, 2011 is overruled; 2. The Recommendation of the Magistrate Judge (Doc. #17) filed on July 11, 2011 and Supplemental Recommendation of the Magistrate Judge entered on December 1, 2011 (Doc. #30) are adopted; 3. Petitioner's actual innocence claim presented in his amended petition for habeas corpus relief (Doc. #22) is DENIED and DISMISSED with prejudice as insufficient to equitably toll the time bar applicable to petitioner's habeas application. DONE this the 30th day of January, 2012. /s/ Truman M. Hobbs SENIOR UNITED STATES DISTRICT JUDGE

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