Gaddis v. Alabama General Offices

Filing 6

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 6/7/2021. (MEB2)

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FILED 2021 Jun-07 PM 01:15 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION THOMAS GADDIS, Petitioner, v. THE ATTORNEY GENERAL OF THE STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) ) Case No. 1:21-cv-00532-AKK-SGC MEMORANDUM OPINION 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 2

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