Huguley v. Folks et al (INMATE1)

Filing 47

ORDER ADOPTING 46 REPORT AND RECOMMENDATIONS; that the 28 U.S.C. § 2254 petition is DENIED as Petitioner failed to file his petition within the one-year period of limitation set forth in 28 U.S.C. § 2244(d)(1); that this case is DISMISSED with prejudice. Signed by Honorable William Keith Watkins on 2/11/2009. (cc, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION R O D R IG U E S HUGULEY, #184418, P e titio n e r, v. S Y L V E S T E R FOLKS, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) )

CASE NO. 3:06-CV-333-WKW [WO]

ORDER T h e re being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 46), and upon an independent review of the file in this case, it is ORDERED that the R e c o m m e n d a tio n is adopted, that the 28 U.S.C. § 2254 petition is DENIED as Petitioner f a ile d to file his petition within the one-year period of limitation set forth in 28 U.S.C. § 2244(d)(1), and that this case is DISMISSED with prejudice. D O N E this 11th day of February, 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE