Gaddis v. Brakedale et al

Filing 3

MEMORANDUM OPINION. Signed by Judge Corey L Maze on 6/3/2021. (KAM)

FILED
2021 Jun-03 PM 02:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
THOMAS GADDIS,
Petitioner,
v.
TODD BRAKEDALE, et al.,
Respondents.

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Case No. 1:21-cv-00589-CLM-SGC

MEMORANDUM OPINION
On May 5, 2021, the magistrate judge entered a report recommending this
petition for writ of habeas corpus be dismissed: (1) for failing to assert any
cognizable habeas claims or seek available relief; and (2) because the claims are
plainly unexhausted. (Doc. 2). 1 The report further recommended—to the extent it
might be required by the petitioner’s invocation of § 2254—denial of a certificate of
appealability under Rule 11 of the Rules Governing 2254 Proceedings. The report
advised the petitioner of his right to file objections within 14 calendar days. This
deadline has expired, and the petitioner has not filed objections or otherwise
responded.
After careful consideration of the record in this case, including the report and
recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS
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The magistrate judge also noted that, while the petition invokes 28 U.S.C. § 2254, the Clerk of
Court docketed it as arising under § 2241, (Doc. 2 at 1).

her recommendations. Accordingly, this matter is due to be dismissed. A certificate
of appealability will be denied.
A separate order will be entered.
DONE this June 3, 2021.

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COREY L. MAZE
UNITED STATES DISTRICT JUDGE

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