Pierce v. Thomas et al (INMATE 3)

Filing 18

ORDER, before the court is the 17 Report and Recommendation of the Magistrate Judge, ORDERING that the Petition for Writ of Habeas Corpus under 28 U.S.C. 2254 be DENIED and this action is DISMISSED with prejudice as untimely under 28 USC 2244(d). Signed by Chief Judge William Keith Watkins on 5/30/17. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) DALLAS JEROME PIERCE, # 277549, Petitioner, v. WILLIE THOMAS, Warden of Bibb Correctional Facility, and STEVE MARSHALL, Attorney General of the State of Alabama, Respondents. CASE NO. 2:15-CV-353-WKW [WO] ORDER Before the court is the Recommendation of the Magistrate Judge (Doc. # 17) to which no timely objections have been filed. Based upon an independent review of the record, it is ORDERED that the petition for writ of habeas corpus under 28 U.S.C. § 2254 is DENIED and that this action is DISMISSED with prejudice as untimely under 28 U.S.C. § 2244(d). 1 A separate final judgment will be entered. DONE this 30th day of May, 2017. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE 1 Steve Marshall, who succeeded Luther Strange as Alabama Attorney General, is automatically substituted for Luther Strange as a defendant by operation of Federal Rule of Civil Procedure 25(d).

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