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13-227 - Rogers v. Boyd et al (INMATE 2)


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13-227 - Rogers v. Boyd et al (INMATE 2)
August 29, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The petition for habeas corpus relief filed by Jason Rogers regarding the claims identified in items 1-10 of Part I be DENIED with prejudice because these claims were not filed within the period of limitations established by applicable federal law; and 2. Petitioners actual innocence claim challenging the jurisdiction of the trial court to render judgment and sentence him in 2007 for violating Alabama Code ยง 13A-6-110 be DISMISSED without prejudice to afford him an opportunity to exhaust all available state court remedies. Objections to R&R due by 9/19/2016. Signed by Honorable Judge Gray M. Borden on 8/26/2016. (kh, )
September 29, 2016
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ORDER: it is ORDERED and ADJUDGED that: 1) The 24 Recommendation of the Magistrate Judge is ADOPTED; 2) The petition for habeas corpus relief filed by Petitioner regarding the claims identified in items 1-10 of Part I of the Recommendation of the Magistrate Judge is DENIED with prejudice as these claims were not filed within the period of limitations established by applicable federal law; and 3) Petitioner's actual innocence claim challenging the jurisdiction of the trial court to render judgment and/or sentence against him in 2007 for violating Ala.Code 13A-6-110 is DISMISSED without prejudice to afford Petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Judge W. Harold Albritton, III on 9/29/2016. (wcl, )
September 29, 2016
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FINAL JUDGMENT is entered in favor of the Respondents, and against Petitioner, and this 28 USC 2254 petition for habeas corpus relief is DISMISSED in accordance with the provisions of the order entered this day; DIRECTING the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Judge W. Harold Albritton, III on 9/29/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )