Green v. Price et al

Filing 24

ORDER ADOPTING 22 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Michael J. Green, recommending that the petition be dismissed as time barred. Signed by Judge Kristi K. DuBose on 3/12/2010. (copy to petitioner) (cmj)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION MICHAEL J. GREEN, Petitioner, v. CHERYL PRICE, et al., Respondents. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:09-0105-KD-N

ORDER After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 is ADOPTED as the opinion of this Court with the following amendment: the final two sentences of the first full paragraph on page 5 of the report and recommendation ("Green thus had until February 27, 2008, to timely file his appeal denying his Rule 35 petition. He did not do so, and thus his one-year filing period began to run again on that date.") is deleted and replaced with "Petitioner's one-year limitation period began to run again on February 14, 2008. It is ORDERED that Green's habeas petition is DISMISSED with prejudice as time barred. DONE and ORDERED this 12th day of March, 2010. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE