Walker v. Culliver et al (INMATE2)

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATION. This 1 28 U.S.C. petition for habeas corpus relief filed by Joseph E. Walker on 1/17/2007 be DENIED, as Walker failed to file the petition within the one-year period of limitation set forth in 28 U.S.C. 2254(d)(1). This case be DISMISSED with prejudice. An appropriate judgment will be entered. Signed by Honorable W. Harold Albritton, III on 11/21/2008. (dmn)

THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION J O S E P H E. WALKER, #189482, Petitioner, v. ) ) ) ) ) ) ) ) ) )

3:07-CV-62-WHA [W O ]

G R A N T CULLIVER, WARDEN, et al., Respondents.

ORDER
O n November 3, 2008, the Magistrate Judge filed a Report and Recommendation (D o c . 17) in this case to which no timely objections have been filed. Upon an independent r e v ie w of the file in this case and upon consideration of the Recommendation of the M a g istra te Judge, it is ORDERED that: 1. 2. T h e Recommendation (Doc. 17) of the Magistrate Judge is ADOPTED; T h is 28 U.S.C. § 2254 petition for habeas corpus relief filed by Joseph E. W a lk e r on January 17, 2007 be DENIED, as Walker failed to file the petition w ith in the one-year period of limitation set forth in 28 U.S.C. § 2254(d)(1). 3. T h is case be DISMISSED with prejudice. A n appropriate judgment will be entered. D o n e this 21st day of November, 2008. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE