Jefferson v. Price et al

Filing 6

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 1/25/16. (SAC )

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FILED 2016 Jan-25 PM 03:55 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHWESTERN DIVISION JERMAINE ANWAR JEFFERSON, ) ) Petitioner, ) ) v. ) ) WARDEN CHERYL PRICE and the ) ATTORNEY GENERAL of the STATE ) of ALABAMA, ) ) Respondents. ) Case No.: 3:15-cv-01066-KOB-SGC MEMORANDUM OPINION Jermaine Anwar Jefferson, a state prisoner proceeding pro se, petitioned the court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). The magistrate judge entered a report and recommendation on December 17, 2015, recommending that the court deny Jefferson’s § 2254 petition as barred by the statute of limitations set out in 28 U.S.C. § 2244(d)(1). Furthermore, in accordance with Rule 11 of the Rules Governing Section 2254 Cases, the magistrate judge recommended that the court deny a certificate of appealability. (Doc. 5). No party filed any objections. After careful de novo consideration of the entire record in this case, including report and recommendation, the court ADOPTS the magistrate judge’s report and 1 ACCEPTS her recommendations. Accordingly, the court finds that Jefferson’s § 2254 petition is due to be denied as time-barred. Furthermore, for the reasons set forth in the report and recommendation and pursuant to Rule 11 of the Rules Governing Section 2254 Cases, a certificate of appealability is due to be DENIED. The court will enter a separate Final Order. DONE and ORDERED this 25th day of January, 2016. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE 2

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