Johnson v. State of Alabama et al (INMATE1)

Filing 28

ORDER AND OPINION that the 27 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The petition for habeas corpus relief filed by David Steven Johnson is DENIED as Johnson failed to file the petition within the one-year period of limitation set forth in 28 U.S.C. § 2244(d)(1). 2. This case is DISMISSED with prejudice. Signed by Honorable Judge Truman M. Hobbs on 9/7/2011. (jg, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION DAVID STEVEN JOHNSON, #187664, Petitioner, v. STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:09cv343-TMH ORDER AND OPINION On August 9, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 27). 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 petition for habeas corpus relief filed by David Steven Johnson is DENIED as Johnson failed to file the petition within the one-year period of limitation set forth in 28 U.S.C. ยง 2244(d)(1). 2. This case is DISMISSED with prejudice. Done this the 7 th day of September, 2011. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE 2

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