Whitten v. Butler et al (INMATE 1)

Filing 18

ORDER AND OPINION directing that, upon an independent review of the file in this case and upon consideration of the 17 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the 17 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: (1) The 28 U.S.C. § 2254 petition for habeas corpus relief filed by John Mark Whitten is DENIED as Whitten failed to file the petition within the applicable one-year period of limitation; (2) This case is DISMISSED with prejudice. Signed by Honorable Judge Truman M. Hobbs on 9/27/11. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
JOHN MARK WHITTEN, AIS#179726,
Petitioner,
v.
FREDDIE BUTLER, et al.,
Respondents.

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CIVIL ACTION NO. 3:09cv201-TMH

ORDER AND OPINION
On September 2, 2011, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 17). Upon an independent review of
the file in this case and upon consideration of the Recommendation of the Magistrate Judge,
it is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be
and is hereby ADOPTED and that:
1.

The 28 U.S.C. § 2254 petition for habeas corpus relief filed by John Mark

Whitten on March 5, 2009 is DENIED as Whitten failed to file the petition within the
applicable one-year period of limitation.
2.

This case is DISMISSED with prejudice.

Done this the 27 th day of September, 2011.

/s/ Truman M. Hobbs
________________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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