Ballard v. Alabama, State of

Filing 12

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

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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. ) ) ) ) ) ) ) ) ) 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

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