Gordon v. Daniels et al (INMATE 3)

Filing 16

ORDER: it is ORDERED as follows: (1) The 15 Recommendation of the Magistrate Judge is ADOPTED; (2) Petitioner's 1 petition for writ of habeas corpus under 28 USC 2254 is DENIED; and (3) This action is DISMISSED with prejudice, as the peti tion presents no basis for federal habeas corpus relief, and even if the petition raises constitutional claims cognizable in an action for federal habeas corpus relief, the petition is time-barred under the one-year limitation period in 28 USC 2244(d). Signed by Honorable Judge W. Harold Albritton, III on 2/27/2018. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
BRAD ELLIOTT GORDON, # 227478,

)
)
)
)
)
)
)
)
)

Petitioner,
v.
LEEPOSEY DANIELS, et al.,
Respondents.

Civil Action No. 2:16cv209-WHA

ORDER
On February 1, 2018, the Magistrate Judge filed a Recommendation (Doc. # 15) to
which no timely objections have been filed. Upon an independent review of the record and
upon consideration of the Recommendation, it is ORDERED as follows:
(1) The Recommendation of the Magistrate Judge (Doc. # 15) is ADOPTED;
(2) Petitioner’s petition for writ of habeas corpus under 28 U.S.C. § 2254 (Doc. # 1)
is DENIED; and
(3) This action is DISMISSED with prejudice, as the petition presents no basis for
federal habeas corpus relief, and even if the petition raises constitutional claims cognizable
in an action for federal habeas corpus relief, the petition is time-barred under the one-year
limitation period in 28 USC § 2244(d).
A separate final judgment will be entered.
DONE this 27th day of February, 2018.

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