Wallace v. Thomas et al

Filing 11

MEMORANDUM OPINION. Signed by Judge R David Proctor on 8/11/2015. (AVC)

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FILED 2015 Aug-11 AM 11:02 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHARLES ORNISKUS WALLACE, Petitioner, vs. KIM T. THOMAS, Warden, and The ATTORNEY GENERAL of the STATE OF ALABAMA, Respondents. ) ) ) ) ) ) ) ) ) ) ) Case No. 2:14-cv-1714-RDP-TMP MEMORANDUM OPINION The Magistrate Judge filed his Report and Recommendation on July 17, 2015, recommending dismissal of Petitioner’s 28 U.S.C. § 2254 petition for habeas corpus relief. (Doc. 8). Petitioner filed objections to the Report and Recommendation. (Doc. 9). Having now carefully considered de novo all the materials in the court file, including the Report and Recommendation and the objections, the court is of the opinion that the Magistrate Judge’s Report is due to be ADOPTED and the recommendation ACCEPTED. It is therefore ORDERED that the petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 in the above-styled cause be and hereby is denied and dismissed without prejudice. A separate order will be entered. DONE and ORDERED this 11th day of August, 2015. ___________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE

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