United States District Court, M.D. Alabama, Northern Division
W. HAROLD ALBRITTON, Senior District Judge.
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #24), and the Petitioner's Objection thereto (Doc. #25). Following an independent evaluation and de novo review of the Recommendation, the Objection, and the file in this case, the court finds as follows:
The Magistrate Judge recommended that this 28 U.S.C. §2254 petition be denied as it was not filed within the one-year period of limitations set forth in 28 U.S.C. § 2244(d)(1). The Recommendation rejected the Petitioner's argument that since the petition challenged a decision of an administrative agency, the Parole Board, the petition was not subject to the federal limitations period.
In the Objection, the Petitioner initially argues that the Magistrate Judge improperly relied on the limitations period to deny him relief instead of addressing the merits of his claims. This assertion is without merit. Next, the Petitioner again argues that the limitations period cannot be used to deny review of his habeas petition because it addresses the action of an administrative agency. This argument is foreclosed by federal law.
Therefore, the Petitioner's objection is OVERRULED, the court ADOPTS the Recommendation of the Magistrate Judge, and it is hereby
ORDERED that this petition for habeas corpus relief is DENIED as it was not filed within the one-year period of limitations mandated by the provisions of 28 U.S.C. § ...