Smith v. Jones et al (INMATE 3)

Filing 19

ORDER that the 18 Recommendation of the Magistrate Judge is ADOPTED, and it is hereby ORDERED that this petition for writ of habeas corpus under 28 U.S.C. § 2254 is DENIED, and this case is DISMISSED with prejudice because the petition is time-barred under 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 2/29/2016. (dmn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION SHERATON JEROME SMITH, #211796, ) ) ) ) ) ) ) ) ) Petitioner, vs. KENNETH JONES, et al., Respondents. CASE NO. 3:13cv-881-WHA (WO) ORDER This case is before the court on the Recommendation of the Magistrate Judge (Doc. #18), entered on February 2, 2016. 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 writ of habeas corpus under 28 U.S.C. § 2254 is DENIED, and this case is DISMISSED with prejudice because the petition is time-barred under the one-year limitation period in 28 U.S.C. § 2244(d). Final Judgment will be entered accordingly. DONE this 29th day of February, 2016. /s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE

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