McCartha v. Giles et al (INMATE 2)

Filing 17

ORDER that the 16 Recommendation of the Magistrate Judge is ADOPTED, and it is hereby ORDERED that this 1 Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 is DENIED, and this case is DISMISSED with prejudice as the petition was filed after expiration of the one year limitation period in 28 U.S.C. § 2244(d). Final Judgment will be entered accordingly. Signed by Honorable Judge W. Harold Albritton, III on 10/19/2015. (dmn, )

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

TONY MARK McCARTHA, #236602,

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Petitioner,
vs.
J. C. GILES, et al.,
Respondents.

CASE NO. 3:12-cv-891-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #16),
entered on September 24, 2015. There being no timely objection filed to the Recommendation,
and after a review of the file, the Recommendation is ADOPTED, and it is hereby
ORDERED that this petition for habeas corpus relief under 28 U.S.C. § 2254 is DENIED,
and this case is DISMISSED with prejudice as the petition was filed after expiration of the oneyear limitation period in 28 U.S.C. § 2244(d). Final Judgment will be entered accordingly.
DONE this 19th day of October, 2015.

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