Patton v. McClain et al

Filing 12

MEMORANDUM OPINION. Signed by Judge R David Proctor on 07/03/2024. (CLD)

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FILED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JOHN HENRY PATTON, Petitioner, v. ANTONIO MCCLAIN, Warden III, et al., Respondents. ) ) ) ) ) ) ) ) ) 2024 Jul-03 AM 10:35 U.S. DISTRICT COURT N.D. OF ALABAMA Case No. 2:23-cv-01024-RDP-NAD MEMORANDUM OPINION Petitioner John Henry Patton filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). Petitioner Patton challenged his Alabama state convictions and concurrent life sentences for robbery, burglary, and rape, imposed on November 24, 1992. (Doc. 1 at 1-2). On June 11, 2024, the Magistrate Judge entered a Report and Recommendation pursuant to 28 U.S.C. § 636(b), recommending that the petition be denied and dismissed with prejudice as time-barred. (Doc. 11). Although the parties were advised of their rights to file objections within fourteen days, that time expired with no objections having been filed. Having carefully reviewed and considered de novo all the materials in the court file, including the Magistrate Judge’s Report and Recommendation, the court ADOPTS the Magistrate Judge’s Report and ACCEPTS the Recommendation. Accordingly, Patton’s petition for writ of habeas corpus is due to be denied and dismissed with prejudice. Further, because the petition does not present issues that are debatable among jurists of reason, 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 Order will be entered. DONE and ORDERED this July 3, 2024. _________________________________ R. DAVID PROCTOR CHIEF U.S. DISTRICT JUDGE

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