Calhoun v. Price et al

Filing 13

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 12/19/13. (SAC )

FILED
2013 Dec-19 PM 01:52
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

STETORY CALHOUN,
Petitioner,
vs.
SHARON PRICE, Warden, and the
ATTORNEY GENERAL OF THE STATE
OF ALABAMA,
Respondents.

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Case No. 2:12-cv-24-KOB-TMP

MEMORANDUM OPINION
On November 22, 2013, the magistrate judge filed his report and recommendation in this
case, recommending that the court deny this petition for habeas corpus relief filed pursuant to 28
U.S.C. § 2254 and dismiss this action with prejudice. (Doc. 12). To date, no party has filed any
objections.
The court has carefully reviewed and considered de novo all the materials in the court file,
including the report and recommendation. The court ADOPTS the magistrate judge’s report and
ACCEPTS his recommendation that the court deny this petition because the petitioner has failed to
establish that the Alabama Court of Criminal Appeals’s adjudication of his claim involved the
application of any Supreme Court law or that its decision was an unreasonable determination of the
facts. Further, the court finds that the petitioner is entitled to no relief in this action because he failed
to demonstrate that the “evidence” made the basis of the motion for new trial was “newly
discovered.”

Consequently, the court finds that the petition for writ of habeas corpus filed pursuant to 28
U.S.C. § 2254 in the above-styled cause is due to be DENIED and that this action is due to be
DISMISSED WITH PREJUDICE.
The court will enter a separate, final Order.
DONE and ORDERED this 19th day of December, 2013.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE