Perez v. Stewart

Filing 11

MEMORANDUM OPINION ADOPTING 9 Report and Recommendation. Signed by Judge Abdul K Kallon on 12/2/2015. (YMB)

FILED
2015 Dec-02 AM 11:35
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

RENALDO DIAZ PEREZ,
Petitioner,
v.
CYNTHIA STEWART,
Respondent.

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Case No. 3:15-cv-00719-AKK-TMP

MEMORANDUM OPINION
The magistrate judge filed his Report and Recommendation, doc. 9, in the
above-styled cause on November 6, 2015, recommending that the §2254 petition for
writ of habeas corpus challenging the constitutional validity of Petitioner’s
conviction be denied and dismissed with prejudice because the petition is time barred.
Id. As the magistrate judge noted, “[t]he petitioner was sentenced on August 3,
201[2]. His sentence became final on September 14, 2012, when his time to file for
appellate review expired. Accordingly, the petitioner had until September 14, 2013,
to timely file his peititon for habeas corpus pursuant to §2254.” Doc. 9 at 5.
Petitioner filed his peition instead on “April 16, 2015, more than a year and a half
after the limitations period had run.” Id. At 6.

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Having now carefully reviewed and considered de novo all materials in the
court file relevant to the case, including the petitioner’s objections to the Report and
Recommendation, the court finds that the report is due to be ADOPTED and the
recommendation ACCEPTED. A corresponding order shall be entered
contemporaneously herewith.
DONE this 2nd day of December, 2015.

________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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