Gaddis v. Ivy et al
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 6/7/2021. (KAM)
2021 Jun-07 AM 10:59
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
KAY IVY, et al.,
Case No. 1:21-cv-00588-AKK-SGC
The magistrate judge entered a report on May 5, 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. 2 at 7.1 Additionally, the
magistrate judge recommended a certificate of appealability be denied. Id. at 7-8.
While advised of his right to file specific written objections to the report and
recommendation within fourteen (14) calendar days, id. 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
While docketed as arising under § 28 U.S.C. 2254, the petition does not specify whether it is
brought pursuant to § 2254 or 28 U.S.C. § 2241. The report and recommendation explains why
Gaddis is not entitled to relief under either statute.
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 the 4th day of June, 2021.
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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