Jefferson v. Thomas et al

Filing 11

MEMORANDUM OPINION ADOPTING and ACCEPTING 9 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 5/24/2016. (JLC)

FILED
2016 May-24 PM 01:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LARRY ANDRE JEFFERSON,
Petitioner,
v.

WARDEN WILLIE THOMAS and
THE ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondents.

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2:15-cv-1424-VEH-JEO

MEMORANDUM OPINION
This is an action on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. §
2254 by Larry Andre Jefferson, an Alabama state prisoner acting pro se. The magistrate judge to
whom the case was referred for preliminary review has entered a report and recommendation
pursuant to 28 U.S.C. § 636(b) that recommends that habeas relief be denied on the merits.
(Doc. 9). No objections to the report and recommendation have been filed, and the time
prescribed for doing so has expired.
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 are hereby ADOPTED and his recommendation is
ACCEPTED. Accordingly, the petition for a writ of habeas corpus is due to be DENIED and
this action is due to be DISMISSED WITH PREJUDICE. Further, the court concludes that the
petition does not present issues that are debatable among jurists of reason, so a certificate of

appealability is also due to be DENIED. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S.
473, 484-85 (2000); Rule 11(a), RULES GOVERNING § 2254 PROCEEDINGS. A separate Final
Judgment will be entered.
DONE and ORDERED this 24th day of May, 2016.

_______________________________________
VIRGINIA EMERSON HOPKINS
UNITED STATES DISTRICT JUDGE

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