Ballard v. Alabama, State of

Filing 12

MEMORANDUM OPINION. Signed by Judge Sharon Lovelace Blackburn on 2/2/16. (SMH)

FILED
2016 Feb-02 AM 11:52
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
TIMOTHY RAY BALLARD,
Plaintiff,
vs.
THE STATE OF ALABAMA,
Defendant.

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Case No. 2:15-cv-0324-SLB-TMP

MEMORANDUM OPINION
The magistrate judge filed his report and recommendation on December 14, 2015,
recommending dismissal of petitioner's 28 U.S.C. § 2254 petition for habeas corpus relief. (Doc. 8).
Petitioner requested and received an extension of time in which to file objections and, on January
25, 2016, he timely filed objections to the report and recommendation. (Doc. 11).
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.

The claims for

habeas corpus relief pursuant to 28 U.S.C. § 2254 in the above-styled cause is due to be denied and
dismissed with prejudice. A final judgment will be entered accordingly.
DONE the 2nd day of February, 2016.

SHARON LOVELACE BLACKBURN
SENIOR UNITED STATES DISTRICT JUDGE