Swain v. Thomas et al (INMATE 3)

Filing 30

ORDERED that the 27 Order and 28 Judgment are VACATED and SET ASIDE. ORDERED that the 29 Objections are OVERRULED. ORDER adopting 22 Recommendation of the Magistrate Judge, and it is hereby ORDERED that this petition for habeas corpus relief is DENIED as untimely under 28 U.S.C. §2244(d), and this case is DISMISSED with prejudice. Signed by Honorable Judge W. Harold Albritton, III on 4/7/2015. (kh, )

IN THE UNITED STATES DISTRICT COURT
FORTHE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

BENNIE CARL SWAIN, #120357,
Petitioner,
vs.
WILLIE THOMAS, et al.,
Respondents.

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CASE NO. 2:12-cv-497-WHA
(WO)

ORDER
On March 25, 2015, the court entered an Order (Doc. #27) and Final Judgment (Doc.
#28), indicating that no objection had been filed by the Petitioner. On April 1, 2015, Petitioner’s
Objection was received and filed in this court. Since the Objection was dated March 24, 2015,
the court considers the objection to be timely under the mail box rule and, therefore, it is hereby
ORDERED that the Order and Judgment entered on March 15, 2015, are VACATED and
SET ASIDE.

And now, after the court has conducted an independent evaluation and de novo review of
the file in this case, the court finds the objection to be without merit, and it is hereby
OVERRULED. The court ADOPTS the Recommendation of the Magistrate Judge, and it is
hereby
ORDERED that this petition for habeas corpus relief is DENIED as untimely under 28
U.S.C. §2244(d), and this case is DISMISSED with prejudice.

DONE this 7th day of April, 2015.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE