Smith v. Giles et al (INMATE 3)

Filing 27

ORDER that the Petitioner's 26 Objection is OVERRULED, the court ADOPTS the 24 Recommendation of the Magistrate Judge, and it is hereby ORDERED that this petition for habeas corpus relief is DENIED, and this case is DISMISSED with prejudice. Signed by Honorable Judge W. Harold Albritton, III on 11/21/2013. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

DANNY L. SMITH, #176952,
Petitioner,
v.
J. C. GILES, et al.,
Respondents.

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CIVIL ACTION NO. 3:11cv608-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #24),
entered on October 29, 2013, and Petitioner’s objection thereto (Doc. #26).
The court has conducted an independent evaluation and de novo review of the file, and
finds that the objection is without merit. The Petitioner continues to advance his claim that he
could not be found guilty of a crime not charged in an indictment, but the record before the state
court shows that he pled guilty to a lesser included offense. The state courts permitted this. He
does not address the limitations problem except to argue that the limitations should not apply to a
jurisdictional claim. The Petitioner’s objection is OVERRULED, the court ADOPTS the
Recommendation of the Magistrate Judge, and it is hereby
ORDERED that this petition for habeas corpus relief is DENIED, and this case is
DISMISSED with prejudice.
DONE this 21st day of November, 2013.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE