Foreman v. Jones et al

Filing 11

MEMORANDUM OPINION. Signed by Judge R David Proctor on 9/22/2015. (AVC)

FILED
2015 Sep-22 PM 02:06
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MACK AUTHER FOREMAN, JR.,
Petitioner,
v.
KENNETH JONES, Warden;
ATTORNEY GENERAL OF THE STATE
OF ALABAMA,
Respondents.

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Case No.: 2:14-cv-785-RDP-JEO

MEMORANDUM OPINION
On August 3, 2015, the Magistrate Judge’s Report and Recommendation was entered and
the parties were allowed therein fourteen (14) days in which to file objections to the
recommendations made by the Magistrate Judge. No objections were filed.
After careful consideration of the record in this case and the Magistrate Judge’s Report
and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge. The court
further ACCEPTS the recommendations of the Magistrate Judge that Petitioner’s § 2254 habeas
application be denied on the ground that its claims are both time barred under 28 U.S.C. §
2244(d)(1) and unexhausted and procedurally defaulted under 28 U.S. C. § 2254(b).
A separate order in accordance with this Memorandum Opinion will be entered.
DONE and ORDERED this September 22, 2015.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE