Roberts v. Thomas et al

Filing 7

MEMORANDUM OPINION-re: R&R 4 . The court ADOPTS the report and ACCEPTS the recommendations of the magistrate judge. Signed by Judge Robert B Propst on 7/17/2013. (AVC)

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FILED 2013 Jul-17 AM 09:31 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHWESTERN DIVISION THOMAS JAMES ROBERTS, Petitioner vs. WILLIE THOMAS, Warden, and THE ATTORNEY GENERAL OF THE STATE OF ALABAMA, Respondents ) ) ) ) ) ) ) ) ) ) ) Case No. 3:13-cv-01072-RBP-HGD MEMORANDUM OPINION On July 1, 2013, the magistrate judge’s report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. On July 9, 2013, petitioner filed objections to the magistrate judge’s report and recommendation. After careful consideration of the record in this case and the magistrate judge’s report and recommendation and the petitioner’s objections thereto, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge that the petition for writ of habeas corpus be dismissed pursuant to 28 U.S.C. § 2244(b)(1) and for failure to comply with 28 U.S.C. § 2244(b)(3)(A). A separate order in conformity with this Memorandum Opinion will be entered contemporaneously herewith. DONE this 17th day of July, 2013. ROBERT B. PROPST SENIOR UNITED STATES DISTRICT JUDGE Page 2 of 2

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