Griffin v. Butler et al

Filing 19

MEMORANDUM OPINION. Signed by Judge R David Proctor on 2/26/2016. (AVC)

FILED
2016 Feb-26 PM 01:51
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION
KENNETH RAY GRIFFIN, JR.,
Petitioner,
v.
FREDDIE BUTLER, et al.,
Respondents.

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Case No.: 3:12-cv-03891-RDP-SGC

MEMORANDUM OPINION
On December 18, 2015, the Magistrate Judge entered a Report recommending this
petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, be denied as time-barred.
(Doc. 18). Although the Report and Recommendation notified Petitioner, Kenneth Ray Griffin,
Jr., of his right to file objections within fourteen (14) days of its entry, the court has not received
objections.1
After careful consideration of the record in this case and the Magistrate Judge’s Report
and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge and
ACCEPTS her recommendation. In accordance with the recommendation, the court finds the
petition is due to be denied as time-barred. Additionally, for the reasons stated by the Magistrate
Judge, a certificate of appealability under Rule 11 of the Rules Governing 2254 Proceedings is
DENIED.
A separate order will be entered.

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On January 22, 2016, a member of the Magistrate Judge's staff received a telephone call from an
individual identifying himself as Petitioner. Petitioner stated his objections had been returned to him as
undeliverable. The staff member provided Petitioner with the court's address and instructed him to mail the
objections as soon as possible. Over a month has passed since that conversation and no objections have been
received.

DONE and ORDERED this February 26, 2016.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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