Kirby v. Forniss et al (INMATE2)

Filing 25

ORDERED that the 23 Recommendation of the Magistrate Judge is ADOPTED; that the Petitioner's 28 U.S.C. § 2254 petition for habeas corpus relief is DENIED; and that this cause of action is DISMISSED with prejudice as time-barred. An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 10/1/2008. (cb, )

IN THE UNITED STATES DISTRICT COURT FOR T H E MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION W I L L IA M LEE KIRBY, # 182 340 P e t i t io n e r , v. L E O N FORNISS, WARDEN, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) )

C A S E NO. 3:06-cv-456-WKW

ORDER T h e re being no objections filed to the Recommendation of the Magistrate Judge (Doc # 23), 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 and that: 1. P e titio n e r's 28 U.S.C. § 2254 petition for habeas corpus relief filed on May 2 5 , 2006 is DENIED. 2. T h is cause of action is DISMISSED with prejudice as time-barred.

A n appropriate judgement will be entered. D O N E this 1st day of October, 2008. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE