Fann v. Hetzel et al

Filing 6

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 5/12/2014. (PSM)

FILED
2014 May-12 AM 09:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHARLES EDWARD FANN,
Petitioner,
v.
GARY HETZEL, Warden, and the
ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,
Respondents.

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2:14-cv-0746-AKK-JEO

MEMORANDUM OPINION
This is a habeas corpus case brought pursuant to 28 U.S.C. § 2254 by Charles Edward Fann,
an Alabama state prisoner acting pro se. Doc. 1. On April 28, 2014, the magistrate judge entered a
report recommending that the petition be denied and that the action be dismissed with prejudice, on
the ground that Fann’s claims are both time barred and without merit. Doc. 4. Fann has now filed a
timely objection to the magistrate judge’s report and recommendation. Doc. 5.
Having carefully reviewed and considered de novo all the materials in the court file, including
the findings and recommendation of the magistrate judge and the petitioner’s objection thereto, the
court is of the opinion that the magistrate judge’s report is due to be and is hereby ADOPTED and his
recommendation is ACCEPTED. The court further concludes that the arguments raised in Fann’s
objections are adequately addressed by the magistrate judge’s report and recommendation.
Accordingly, those objections are OVERRULED. As a result, this action is due to be DISMISSED
WITH PREJUDICE. Furthermore, because the petition does not present issues that are debatable
among jurists of reason, the court concludes that a certificate of appealability is also 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 final judgment will be entered.
DONE, this 12th day of May, 2014.

________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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