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15-881 - Frazier v. Stewart et al (INMATE 3)


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15-881 - Frazier v. Stewart et al (INMATE 3)
February 1, 2018
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REPORT AND RECOMMENDATIONS that the petition for writ of habeas corpus under 28 U.S.C. 2254 be DENIED and this case DISMISSED with prejudice, because Frazier does not meet the "in custody" requirement for purposes of challenging his 1994 conviction for second-degree theft of property; Frazier was represented by counsel in that proceeding; and Frazier's challenge to that conviction is time-barred under AEDPA's one-year limitation period. Objections to R&R due by 2/20/2018. Signed by Honorable Judge Terry F. Moorer on 2/1/2018. (kh, )
March 15, 2018
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OPINION. Signed by Honorable Judge Myron H. Thompson on 3/15/2018. (kh, )
March 15, 2018
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JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 18) is adopted. (2) The petition for writ of habeas corpus (doc. no. 1) is dismissed with prejudice. It is further ORDERED that costs are taxed against petitioner, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 3/15/2018. (Attachments: # (1) Civil Appeals Checklist)(kh, )