Gray v. Warden et al, No. 5:2021cv00210 - Document 14 (N.D. Ala. 2022)
Court Description: MEMORANDUM OPINION. Signed by Judge R David Proctor on 3/7/2022. (KAM)
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Gray v. Warden et al Doc. 14 FILED 2022 Mar-07 AM 09:57 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION ANTWOINE DEVON GRAY, Petitioner, v. WARDEN, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 5:21-cv-00210-RDP-HNJ MEMORANDUM OPINION The Magistrate Judge entered a Report and Recommendation on January 6, 2022, in which he recommended that Petitioner Antwoine Devon Gray not be allowed to proceed with his petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 because it is untimely, meaning the petition is barred by the applicable one-year statute of limitations. (Doc. 9). Although the Magistrate Judge granted Petitioner’s motion for an extension of time to file objections to the Report and Recommendation, (Doc. 13), no objections have been filed. After consideration of the record in this case, the court ADOPTS the Magistrate Judge’s Report and ACCEPTS his Recommendation. The court will not issue a certificate of appealability. By separate order, the court will dismiss Petitioner’s petition because it his time-barred. DONE and ORDERED this March 7, 2022. _________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE Dockets.Justia.com
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