Harrison v. The State of Alabama et al (INMATE 2)

Filing 31

ORDERED that this Petitioner's 30 objection is OVERRULED, the 28 Recommendation of the Magistrate Judge is ADOPTED, this petition for habeas corpus relief is DENIED, and the case is DISMISSED with prejudice. Signed by Honorable Judge W. Harold Albritton, III on 9/15/2015. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FORTHE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION STACY LASHUN HARRISON, #221 426, Petitioner, vs. THE STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) CASE NO. 2:12-cv-778-WHA (WO) ORDER This case is before the court on the Recommendation of the Magistrate Judge (Doc. #28), entered on August 31, 2015, and Petitioner’s Objection (Doc. #30), filed on September 9, 2015. After conducting an independent evaluation and de novo review of the file in this case, the court finds the objection to be without merit. The court agrees with the Magistrate Judge’s calculation of time and his conclusion, explained in the Recommendation, that the Petitioner’s application for habeas relief was not timely filed. Accordingly, it is hereby ORDERED that this Petitioner’s objection is OVERRULED, the Recommendation of the Magistrate Judge is ADOPTED, this petition for habeas corpus relief is DENIED, and the case is DISMISSED with prejudice. DONE this 15th day of September, 2015. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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