Green v. Price

Full title: MICHAEL J. GREEN, Petitioner, v. CHERYL PRICE, et al., Respondents

Court: United States District Court, S.D. Alabama, Northern Division

Date published: Mar 12, 2010

CIVIL ACTION NO. 2:09-0105-KD-N (S.D. Ala. Mar. 12, 2010)

Opinion

CIVIL ACTION NO. 2:09-0105-KD-N.

March 12, 2010

ORDER

KRISTI DuBOSE, Magistrate Judge

After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 is ADOPTED as the opinion of this Court with the following amendment:

the final two sentences of the first full paragraph on page 5 of the report and recommendation ("Green thus had until February 27, 2008, to timely file his appeal denying his Rule 35 petition. He did not do so, and thus his one-year filing period began to run again on that date.") is deleted and replaced with "Petitioner's one-year limitation period began to run again on February 14, 2008.

It is ORDERED that Green's habeas petition is DISMISSED with prejudice as time barred.

DONE and ORDERED.