Causey v. Gordy et al

Filing 16

MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/3/2015. (AVC)

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FILED 2015 Aug-03 PM 02:41 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION AARON D. CAUSEY, Petitioner, v. CHRISTOPHER GORDY, WARDEN, et al., Respondents. ) ) ) ) ) ) ) ) ) ) 1:13-cv-0915-RDP-JEO MEMORANDUM OPINION This is an action on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §§ 2241 and 2254 by Aaron D. Causey, an Alabama state prisoner acting pro se. (Doc. 1). On June 10, 2015, the Magistrate Judge assigned this case entered a report pursuant to 28 U.S.C. § 636(b)(1) and FED. R. CIV. P. 72(b)(1) recommending that the action be denied and dismissed. (Doc. 15). No objections have been filed. Having carefully reviewed and considered de novo all the materials in the court file, including the Magistrate Judge’s Report and Recommendation, 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. As a result, the petition for writ of habeas corpus is due to be denied and this action is due to be dismissed with prejudice. Further, because the petition does not present issues that are debatable among jurists of reason, a certificate of appealability is also due to be denied. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000); Rule 11(a), RULES GOVERNING § 2254 PROCEEDINGS. A separate final judgment will be entered. DONE and ORDERED this 3rd day of August, 2015. ______________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE 2

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