Conners v. Alabama Board of Pardon and Paroles et al

Filing 39

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 8/12/2019. (PSM)

FILED
2019 Aug-12 PM 04:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHARLES EDWARD CONNERS,
Petitioner,
v.
ALABAMA BOARD OF PARDON
AND PAROLES, et al.,
Respondents.

)
)
)
)
)
)
)
)
)
)

Case No. 2:17-cv-01980-LSC-GMB

MEMORANDUM OPINION
The magistrate judge filed a report on May 6, 2019, recommending
Petitioner Charles Edward Conners’s (“Petitioner” or “Conners”) petition for writ
of habeas corpus be denied and this action dismissed with prejudice. (Doc. 34).
Petitioner filed objections to the report and recommendation on May 28, 2019.
(Doc. 37).
Petitioner denies he raised a gateway actual innocence claim concerning his
1975 murder conviction (doc. 37 at 1). However, the report and recommendation
need not be rejected even if the magistrate judge incorrectly interpreted Petitioner’s
allegations as a fruitless attempt to state such a claim. (Doc. 34 at 5-6). Conners’s
remaining objections amount to nothing more than a short and highly generalized

repetition of the claims set out in his petition. (Id. at 2-11). None reveal any legal
or factual errors in the report and recommendation.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation and the objections thereto, the
magistrate judge’s report is hereby ADOPTED and the recommendation is
ACCEPTED.

Accordingly, the court ORDERS that Petitioner’s claims for

habeas corpus relief pursuant to 28 U.S.C. ' 2254 are due to be DENIED and this
action DISMISSED WITH PREJUDICE. A certificate of appealability is due to
be DENIED.
DONE and ORDERED on August 12, 2019.

_____________________________
L. Scott Coogler
United States District Judge
160704

2