McCaa v. Steward et al

Filing 5

MEMORANDUM OPINION Signed by Judge Karon O Bowdre on 9/26/13. (SAC )

FILED
2013 Sep-26 PM 03:12
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
ANTHONY WAYNE MCCAA,

)
)
Petitioner
)
)
vs.
)
)
CYNTHIA STEWARD, Warden, and )
THE ATTORNEY GENERAL OF )
THE STATE OF ALABAMA,
)
)
Respondents
)

Case No. 7:13-cv-01514-KOB-HGD

MEMORANDUM OPINION
On August 19, 2013, the magistrate judge entered his report and
recommendation, recommending that the court dismiss the habeas corpus petition as
time-barred. (Doc. 3). On August 30, 2013, the Petitioner filed objections to the
magistrate judge’s report and recommendation in which he argues that his “illegal
sentence” claim is exempt from any time limitations. (Doc. 4). The court disagrees.
The court has carefully considered the entire record in this case, incuding the
magistrate judge’s report and recommendation and the Petitioner’s objections. The
court hereby ADOPTS the report of the magistrate judge and ACCEPTS his
recommendation that the court dismiss the habeas petition as time-barred. The court
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finds that statutory tolling does not apply in this case because the Petitioner filed his
Rule 32 petition in state court almost ten years after the AEDPA one-year statute of
limitations expired for this habeas petition. The court also finds that the Petitioner has
presented no grounds or facts to support equitable tolling of the statute of limitations.
Therefore, the court finds that the habeas petition is due to be dismissed with
prejudice as time-barred.
The court will enter a separate Order in conformity with this Memorandum
Opinion.
DONE and ORDERED this 26th day of September, 2013.

____________________________________
KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE

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