Rogers v. Boyd et al (INMATE 2)

Filing 25

ORDER: it is ORDERED and ADJUDGED that: 1) The 24 Recommendation of the Magistrate Judge is ADOPTED; 2) The petition for habeas corpus relief filed by Petitioner regarding the claims identified in items 1-10 of Part I of the Recommendation of the M agistrate Judge is DENIED with prejudice as these claims were not filed within the period of limitations established by applicable federal law; and 3) Petitioner's actual innocence claim challenging the jurisdiction of the trial court to render judgment and/or sentence against him in 2007 for violating Ala.Code 13A-6-110 is DISMISSED without prejudice to afford Petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Judge W. Harold Albritton, III on 9/29/2016. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
JASON E. ROGERS, #254 032,
Petitioner,
v.
WARDEN BOYD, et al.,
Respondents.

)
)
)
)
) CIVIL ACTION NO.: 2:13-CV-227-WHA
)
[WO]
)
)
)

ORDER
On August 29, 2016, the Magistrate Judge filed a Recommendation in this case that the
court deny and dismiss the petition for habeas corpus relief filed in this action. Doc. 24. No timely
objection has been filed. Upon an independent and de novo review of the file and upon
consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED
that:
1. The Recommendation of the Magistrate Judge (Doc. 24) is ADOPTED;
2. The petition for habeas corpus relief filed by Petitioner regarding the claims identified
in items 1-10 of Part I of the Recommendation of the Magistrate Judge is DENIED with prejudice
as these claims were not filed within the period of limitations established by applicable federal
law; and
3. Petitioner’s actual innocence claim challenging the jurisdiction of the trial court to
render judgment and/or sentence against him in 2007 for violating Ala.Code § 13A-6-110 is
DISMISSED without prejudice to afford Petitioner an opportunity to exhaust all available state
court remedies.
Final Judgment will be entered accordingly.

DONE this 29th day of September, 2016.

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