Whatley v. Davenport et al (INMATE1)

Filing 38

ORDER directing that, 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 is ADOPTED and that: (1) The pe tition for writ of habeas corpus filed by Travis Whatley on June 29, 2011, is DENIED as it was not filed within the one-year period of limitation mandated by 28 U.S.C. § 2244(d)(1); and (2) This case is DISMISSED with prejudice. Signed by Chief Judge William Keith Watkins on 3/20/14. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
TRAVIS WHATLEY, #239837,

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Petitioner,
v.
CARTER F. DAVENPORT, and
LUTHER STRANGE, Attorney General
of the State of Alabama,
Respondents.

CASE NO. 3:11-CV-524-TMH
[WO]

ORDER
On February 25, 2014, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 37). 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 is
ADOPTED and that:
1.

The petition for writ of habeas corpus filed by Travis Whatley on June 29,

2011, is DENIED as it was not filed within the one-year period of limitation mandated by
28 U.S.C. § 2244(d)(1); and
2.

This case is DISMISSED with prejudice.

DONE this 20th day of March, 2014.
W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE