Oden v. Kilgore et al

Filing 3

MEMORANDUM OPINION Signed by Judge R David Proctor on 12/27/17. (SAC )

FILED
2017 Dec-27 PM 01:15
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
DAMON EUGENE ODEN,
Petitioner,
v.
JIMMY KILGORE, et al.,
Respondents.

}
}
}
}
}
}
}
}
}

Case No.: 1:17-cv-02002-RDP-HNJ

MEMORANDUM OPINION
On December 4, 2017, the Magistrate Judge’s Report and Recommendation was entered
and Petitioner was allowed therein fourteen (14) days in which to file objections to the
recommendations made by the Magistrate Judge. No objections were filed.
After careful consideration of the record in this case and the Magistrate Judge’s Report
and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge. The court
further ACCEPTS the recommendations of the Magistrate Judge that Petitioner’s 28 U.S.C §
2254 habeas application be dismissed without prejudice as premature.
A separate Order in accordance with this Memorandum Opinion will be entered.
DONE and ORDERED this December 27, 2017.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE