Burke v. Rathman et al

Filing 17

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 1/9/2014. (MSN)

FILED
2014 Jan-09 PM 01:45
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
STEPHEN G. BURKE
Petitioner,
v.
JOHN T. RATHMAN, Warden; et al.,
Respondents.

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Case No. 1:11-cv-1437-LSC-PWG

MEMORANDUM OPINION
The magistrate judge filed a findings and recommendation on December 19, 2013 (Doc. #
15), recommending that the petition for writ of habeas corpus be DENIED and DISMISSED WITH
PREJUDICE. On January 6, 2013, petitioner, Stephen G. Burke (“Petitioner”), filed a pleading
styled as “Response to Findings and Recommendation.” (Doc. # 16). The court will treat such filing
as objections to the magistrate judge’s report and recommendation or, in the alternative, as a motion.
Simply put, all of the objections raised by Petitioner were considered and rejected in the report and
recommendation, and are due to be OVERRULED.
Having carefully reviewed and considered de novo all the materials in the court file, the Court
is of the opinion that the magistrate judge’s findings are due to be and are hereby ADOPTED and
his recommendation is ACCEPTED. To the extent that the petitioner’s filing of January 6, 2013
(Doc. # 6), is construed as interposing objections to the report and recommendation, such objections
are due to be and hereby are OVERRULED. To the extent that the petitioner filing (Doc. # 6) is
construed as a motion, it is due to be and hereby is DENIED. Accordingly, the petition for writ of
habeas corpus is due to be DENIED and DISMISSED WITH PREJUDICE. A Final Judgment will
be entered.
As to the foregoing it is SO ORDERED this the 9th day of January, 2014.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
174256