Dafney v. Giles et al (INMATE2)

Filing 13

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS; that the instant § 2254 petition for habeas corpus relief be and is hereby DENIED and this case be and is hereby DISMISSED with prejudice as time-barred. It is further ORDERED that costs be and are hereby taxed against the petitioner. Signed by Honorable Truman M. Hobbs on 5/13/2010. (jg, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION D AV ID DAFNEY, #198771, Petitioner, v. WA R D E N J.C. GILES, et al., R e s p o n d e n ts . ) ) ) ) ) C IV IL ACTION NO. 3:09cv433-TMH ) ) ) ) ORDER O n April 19, 2010, the Magistrate Judge filed a Recommendation in this case to which n o timely objections have been filed. Upon an independent review of the file in this case and u p o n consideration of the Recommendation of the Magistrate Judge, which Recommendation is hereby adopted, it is O R D E R E D and ADJUDGED that the instant § 2254 petition for habeas corpus relief b e and is hereby DENIED and this case be and is hereby DISMISSED with prejudice as timeb a rre d . It is further O R D E R E D that costs be and are hereby taxed against the petitioner. D o n e this the 13th day of May 2010 /s / Truman M. Hobbs ______________________________________ T R U M A N H. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE