Carmichael v. Butler et al

Filing 16

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 9/24/2024. (MEB2)

FILED
2024 Sep-24 PM 12:39
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
LAFOREST CARMICHAEL,
Petitioner,
v.
REOSHA BUTLER, et al.,
Respondents.

)
)
)
)
)
)
)
)
)

Case No. 1:23-cv-01393-LSC-SGC

MEMORANDUM OPINION
The magistrate judge entered a report on August 28, 2024, recommending the
claims presented in this habeas petition, filed pursuant to 28 U.S.C. § 2254, be denied
and dismissed, either as meritless or as unexhausted and procedurally defaulted.
(Doc. 12). The magistrate judge further recommended denial of a certificate of
appealability. (Id. at 20). The petitioner timely objected. (Doc. 15). However, the
objections merely repeat arguments already presented in the original petition and in
response to the state’s answer. (Compare Doc. 15 with Docs. 1, 11). The report and
recommendation addressed these arguments, and further discussion is not warranted.
Accordingly, the petitioner’s objections are OVERRULED.
After careful consideration of the entire record in this case, the court
ADOPTS the magistrate judge’s report and ACCEPTS the recommendation.
Consistent with that recommendation, the petitioner’s claims will be denied and

dismissed with prejudice, either as meritless or as unexhausted and procedurally
defaulted. A certificate of appealability will be denied.
A separate order will be entered.
DONE and ORDERED on September 24, 2024.

_____________________________
L. Scott Coogler
United States District Judge

2

160704