-SRW Whitten v. Butler et al (INMATE 1), No. 3:2009cv00201 - Document 18 (M.D. Ala. 2011)
Court Description: ORDER AND OPINION directing that, upon an independent review of the file in this case and upon consideration of the 17 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the 17 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: (1) The 28 U.S.C. § 2254 petition for habeas corpus relief filed by John Mark Whitten is DENIED as Whitten failed to file the petition within the applicable one-year period of limitation; (2) This case is DISMISSED with prejudice. Signed by Honorable Judge Truman M. Hobbs on 9/27/11. (scn, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION JOHN MARK WHITTEN, AIS#179726, Petitioner, v. FREDDIE BUTLER, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 3:09cv201-TMH ORDER AND OPINION On September 2, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 17). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The 28 U.S.C. ยง 2254 petition for habeas corpus relief filed by John Mark Whitten on March 5, 2009 is DENIED as Whitten failed to file the petition within the applicable one-year period of limitation. 2. This case is DISMISSED with prejudice. Done this the 27 th day of September, 2011. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE 2
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