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16-168 - Buckhannon v. Myers et al (INMATE 3)


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16-168 - Buckhannon v. Myers et al (INMATE 3)
December 26, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE that the 1 Petition for Writ of Habeas Corpus under 28 U.S.C. 2254 be DENIED and this case DISMISSED with prejudice, as the petition was filed after expiration of the one-year limitation period in 28 U.S.C. 2244(d). Objections to R&R due by 1/9/2018. Signed by Honorable Judge Wallace Capel, Jr on 12/26/2017. (dmn, )
February 7, 2018
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ORDER: On 12/26/2017, the Magistrate Judge filed a Recommendation (Doc. 10) to which no timely objections have been filed. Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED as follows: (1) The Recommendation of the Magistrate Judge (Doc. 10) is ADOPTED; (2) Petitioners petition for writ of habeas corpus under 28 U.S.C. 2254 (Doc. 1) is DENIED; and (3) This case is DISMISSED with prejudice, as the petition was filed after expiration of the one-year limitation period in 28 U.S.C. 2244(d). A separate final judgment will be entered. Signed by Honorable Judge W. Harold Albritton, III on 2/7/2018. (dmn, )
February 7, 2018
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FINAL JUDGMENT: In accordance with the prior proceedings, opinions, and orders of the court, it is the ORDER, JUDGMENT, and DECREE of the court that this action is DISMISSED with prejudice. 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. Signed by Honorable Judge W. Harold Albritton, III on 2/7/2018. (Attachments: # (1) Civil Appeals Checklist)(dmn, )