Simpson v. Ferrell et al (INMATE 1)

Filing 14

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS; that the 28 U.S.C. § 2254 petition for habeas corpus relief filed by James Olen Simpson, Jr. is DENIED as Simpson has failed to file the petition within the one-year period of limitations set forth in 28 U.S.C. § 2244(d)(1); that this case is DISMISSED with prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 2/17/2009. (cc, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF E A S T E R N DIVISION J A M E S OLEN SIMPSON, JR., #224823, P e t i t io n e r , v. J E R R Y FERRELL, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) )

C A S E NO. 3:06-cv-0921-MEF

ORDER
O n January 27, 2009, the Magistrate Judge filed a Recommendation (Doc. #13) in th is case to which no timely objections have been filed. Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is the O R D E R , JUDGMENT and DECREE of the court that: 1 . The Recommendation of the Magistrate Judge is ADOPTED. 2 . The 28 U.S.C. § 2254 petition for habeas corpus relief filed by James Olen S im p s o n , Jr. is DENIED as Simpson has failed to file the petition within the one-year period o f limitations set forth in 28 U.S.C. § 2244(d)(1) and this case is DISMISSED with p r e ju d ic e . D O N E this the 17th day of February, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE