Jones v. Culliver

Filing 26

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus & 6 Petition for Writ of Habeas Corpus filed by Anthony Jones stating the petitions should be dismissed as barred by the statute of limitations. Signed by Judge Kristi K. DuBose on 1/14/09. (copy to petitioner) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANTHONY JONES, Petitioner, vs. GRANTT CULLIVER, Respondent. : : : : : ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Recommendation to which objection is made, the Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that petitioner's action be dismissed with prejudice as time-barred.1 DONE this 14th day of January, 2009. s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE CIVIL ACTION 05-00712-KD-B Petitioner contests the date when his first Rule 32 petition was filed. The petition is stamped as filed October 29, 2003 and the Circuit Court docket sheet reflects the same, although petitioner signed the petition on September 26, 2003 and stated that the petition was mailed that day. (doc. 21-2, p. 32, 38-39). However, even if the tolling period included an additional 33 days, his petition for habeas corpus would still be untimely. 1

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