Ward v. Daniels et al

Filing 16

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 5/3/12. (KGE, )

FILED
2012 May-03 PM 01:30
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

RASBIAN M. WARD,
Petitioner,
v.
LEEPOSEY DANIELS and the
ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondents.

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Civil Action Number:
2:11-cv-3789-AR-PWG

MEMORANDUM OPINION
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This is a habeas action filed pursuant to 28 U.S.C. § 2254 by Rasbian M. Ward, an Alabama
state prisoner acting pro se. The magistrate judge has entered findings and a recommendation that
the action is due to be dismissed as untimely filed under 28 U.S.C. § 2244(d)(1). (Doc. 14). Ward
has now filed timely objections to the magistrate’s recommendation. (Doc. 15).
Having carefully reviewed and considered de novo all the materials in the court file, including
the magistrate judge’s findings and recommendation and Ward’s objections thereto, the Court is of
the opinion that the magistrate judge’s findings are due to be and are hereby ADOPTED and his
recommendation is ACCEPTED. Ward’s objections are OVERRULED. Accordingly, Ward’s §
2254 habeas petition is due to be DENIED, and this action is due to be DISMISSED WITH
PREJUDICE. A separate final judgment will be entered.

DONE this the 3rd day of May, 2012.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE

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