Reed v. Bender et al
MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 4/9/15. (SAC )
2015 Apr-09 PM 12:27
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
ROXANNA BENDER, Director,
On February 6, 2015, the magistrate judge entered a report
recommending this petition for writ of habeas corpus filed pursuant
to 28 U.S.C. § 2254 by pro se petitioner Randy Reed (“Petitioner”)
Specifically, the magistrate judge found that much of the relief
sought by Petitioner could not be granted via a writ of habeas
(Doc. 11 at 5-6).
Furthermore, to the extent the relief
sought could be granted, the magistrate judge found the claims to
Although he was afforded fourteen (14) days to object to the
report and recommendation, Petitioner filed nothing within that
(Doc. 11 at 6).
Instead, Petitioner filed a notice
addressed to the Clerk of Court and signed on March 3, 2015–nearly
a month after the report and recommendation was filed.
The notice does not specifically present any objections to the
report and recommendation but instead requests a blank § 2254 form.
This request appears to be related to the order to show cause
recommendation. The show cause order, which noted the deficiencies
upon which the report and recommendation later relied, offered
Petitioner the alternative of amending the petition; a blank § 2254
form was attached to the order.
In response to the
substantially similar to his initial petition and which did not
address the deficiencies noted by the magistrate judge. (Doc. 10).
Accordingly, because any amendment would appear to be futile and
because the time to amend has passed, Petitioner’s request for a
blank § 2254 form is DENIED.
After consideration of the entire court file and the report
and recommendation, the court hereby ADOPTS the report of the
magistrate judge and ACCEPTS her recommendations.
To the extent
interposing objections, any objections are OVERRULED; to the extent
Accordingly, the petition will be denied and Petitioner’s claims
will be dismissed without prejudice.
For the reasons set forth in
the report and recommendation, a certificate of appealability is
A separate order will be entered.
Done this 9th day of April, 2015.
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE
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