Gaddis v. Alabama General Offices
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 6/7/2021. (MEB2)
2021 Jun-07 PM 01:15
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
THE ATTORNEY GENERAL OF
THE STATE OF ALABAMA, et al.,
Case No. 1:21-cv-00532-AKK-SGC
The magistrate judge entered a report on May 12, 2021, recommending this
petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by Thomas
Gaddis be dismissed for failing to assert any claims cognizable, or seek any relief
available, in a federal habeas corpus action and/or for failing to exhaust state court
remedies. (Doc. 5 at 9). Additionally, the magistrate judge recommended a
certificate of appealability be denied. (Doc. 5 at 9-10). While advised of his right
to file specific written objections to the report and recommendation within fourteen
(14) calendar days (Doc. 5 at 10), Gaddis has not submitted objections, or any other
response, within the prescribed time.
After careful consideration of the record in this case and the magistrate judge’s
report, the court ADOPTS the report and ACCEPTS her recommendations. In
accordance with the recommendations, the court finds Gaddis’s federal habeas
petition is due to DISMISSED. Furthermore, because the petition does not present
issues that are debatable among jurists of reason, a certificate of appealability is 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 order will be entered.
DONE the 7th day of June, 2021.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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