Fondren v. Allen et al

Filing 24

ORDER: In accordance with the Memorandum Opinion entered contemporaneously herewith, 20 , Magistrate Judge's Report and Recommendation is ADOPTED in part and REJECTED in part as further set out in order. 1 , Petition for Writ of Habeas Corpus, is, therefore, GRANTED IN PART AND DENIED IN PART, as further set out in order.Signed by Chief Judge Sharon Lovelace Blackburn on 08/20/12. (CVA)

FILED
2012 Aug-20 PM 02:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION

PHILLIP FONDREN,
Petitioner,
vs.
RICHARD ALLEN, Commissioner of
the Alabama Department of Corrections,
Respondent.

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CASE NO. 1:08-CV-2089-SLB-RRA

ORDER
In accordance with the Memorandum Opinion entered contemporaneously herewith,
it is hereby ORDERED as follows:
1. Petitioner’s Objections to the Magistrate Judge’s Report as to Claims B.1. and C.1.
are OVERRULED. The court ADOPTS the Report and Recommendation of the Magistrate
Judge as to Claims B.1. and C.1. The Petition for Writ of Habeas Corpus by Prisoner in State
Custody Under Sentence of Life Without the Possibility of Parole, (doc. 1), is DENIED as
to Claims B.1. and C.1.
2.

Petitioner’s Objection to the Magistrate Judge’s Report as to Claim A is

SUSTAINED. The court REJECTS the Report and Recommendation of the Magistrate
Judge as to Claim A. The Petition for Writ of Habeas Corpus by Prisoner in State Custody
Under Sentence of Life Without the Possibility of Parole, (doc. 1), is GRANTED
CONDITIONALLY as to Claim A of his Petition. This conditional Writ shall become

unconditional and permanent unless the State of Alabama commences further proceedings
within 120 days of the date of this Order to afford the petitioner a new trial. The 120-day
time period shall be tolled until the conclusion of any appeal from this Order, either by the
exhaustion of appellate remedies or the expiration of the time period within which to file
such appellate proceedings.
3. The court ADOPTS the Report and Recommendation of the Magistrate Judge as
to the remaining claims, to which petitioner did not object. The Petition for Writ of Habeas
Corpus by Prisoner in State Custody Under Sentence of Life Without the Possibility of
Parole, (doc. 1), is DENIED upon all remaining Claims.
DONE, this 20th day of August, 2012.

SHARON LOVELACE BLACKBURN
CHIEF UNITED STATES DISTRICT JUDGE

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