Barber v. Warden of Federal Correction Institution et al

Filing 18

MEMORANDUM OPINION that the magistrate judge's findings are due to be ADOPTED and his recommendations ACCEPTED as more fully set out thereon. Signed by Judge C Lynwood Smith, Jr on 2/15/2018. (AHI)

FILED
2018 Feb-15 PM 02:27
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DONALD JOE BARBER,
Petitioner,
vs.
WARDEN OF FEDERAL
CORRECTIONAL INSTITUTION,
OAKDALE, LOUISIANA, et al.,
Respondents.

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Case No: 2:14-cv-1910-CLS-JEO

MEMORANDUM OPINION
This case is before the court on the petition for a writ of habeas corpus filed
by petitioner Donald Joe Barber acting pro se. (Doc. no. 1). Barber challenges his
criminal convictions in the Circuit Court of Jefferson County, Alabama. On
November 28, 2017, the magistrate judge to whom the case is referred entered a
Report and Recommendation (“R&R”) pursuant to 28 U.S.C. § 636(b)(1)(B),
recommending that Barber’s habeas petition be denied with prejudice. (Doc. no. 16).
No objections to the R&R were filed, and the time in which to do so has now
expired.1

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The court notes that the R&R was returned as “not deliverable” to Barber’s last known
address. (Doc. no. 17). However, Barber did not provide the court with any other address and a
search of the websites for the Federal Bureau of Prisons and the Alabama Department of Corrections
do not evidence that he is incarcerated at this time.

Having carefully reviewed and considered de novo all the materials in the court
file, including the magistrate judge’s Report and Recommendation, the court is of the
opinion that the magistrate judge’s findings are due to be, and they hereby are,
ADOPTED, and his recommendation is ACCEPTED. As a result, the petition for
writ of habeas corpus is due to be DENIED and DISMISSED WITH
PREJUDICE. A separate final order will be entered.
DONE and ORDERED this 15th day of February, 2018.

______________________________
United States District Judge

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