Harris v. Forniss et al

Filing 7

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 2/10/14. (SAC )

FILED
2014 Feb-10 AM 10:27
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
STEPHEN R. HARRIS,
Petitioner
vs.
LEON FORNISS, Warden, and
THE ATTORNEY GENERAL
OF THE STATE OF ALABAMA,
Respondents

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Case No. 1:13-cv-01965-KOB-HGD

MEMORANDUM OPINION
On November 21, 2013, the magistrate judge entered his report and
recommendation, recommending that the court dismiss the habeas petition as barred
by the statute of limitations. (Doc. 6). No party filed any objections.
The court has carefully considered the entire record in this case de novo,
including the magistrate judge’s report and recommendation. The court ADOPTS
the report of the magistrate judge and ACCEPTS his recommendation to dismiss the
habeas petition in this case as time-barred. The court finds that the petitioner has
failed to show that equitable tolling is warranted because he has presented no
extraordinary circumstances for his delay that were both beyond his control and
unavoidable even with diligence.

The court will enter a separate Order in conformity with this Memorandum
Opinion.
DONE and ORDERED this 10th day of February, 2014.

____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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