Gaddis v. Woodourf

Filing 4

MEMORANDUM OPINION. Signed by Judge Corey L Maze on 6/4/2021. (MEB2)

FILED
2021 Jun-04 PM 03:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
THOMAS GADDIS,
Petitioner,
v.
CHAD WOODOURF,
Respondent.

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Case No. 1:21-cv-00566-CLM-SGC

MEMORANDUM OPINION
The magistrate judge entered a report on May 6, 2021, recommending this
federal habeas petition filed 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. 3 at 7). 1 Additionally, the
magistrate judge recommended a certificate of appealability be denied. (Doc. 3 at
7-8). While advised of his right to file specific written objections to the report and
recommendation within fourteen (14) calendar days (Doc. 3 at 8), 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

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Gaddis’s initial petition invoked 28 U.S.C. § 2241. (Doc. 1 at 1). In a later-filed notice, Gaddis
claimed he was pursuing relief under 28 U.S.C. § 2254. (Doc. 2 at 1). The magistrate judge
discussed the reasons Gaddis was not entitled to relief under either statute. (Doc. 3 at 3-5).

accordance with the recommendations, the court finds Gaddis’s federal habeas
petition is due to be 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 this June 4, 2021.

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COREY L. MAZE
UNITED STATES DISTRICT JUDGE

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