Hampton v. Noe et al

Filing 6

MEMORANDUM OPINION ADOPTING and ACCEPTING the 5 Magistrate Judge's Report and Recommendation. Signed by Chief Judge Karon O Bowdre on 2/22/2019. (JLC)

FILED
2019 Feb-22 AM 09:25
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION
CARLOS DEMOND HAMPTON,
Petitioner,
v.
GUY NOE, et al.,
Respondents.

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Case No. 3:18-cv-0019-KOB-SGC

MEMORANDUM OPINION
On February 1, 2019, the magistrate judge entered a report recommending
the claims presented in the petition for writ of habeas corpus filed pursuant to 28
U.S.C. § 2254 by Carlos Demond Hampton, be dismissed without prejudice as
untimely and procedurally defaulted.

(Doc. 5).

The magistrate judge also

recommended denial of a certificate of appealability pursuant to Rule 11 of the
Rules Governing Section 2254 Cases. Although the report advised the petitioner of
his right to object within fourteen days, the court has not received any objection.
After careful consideration of the record in this case, the court hereby
ADOPTS the report of the magistrate judge and ACCEPTS her recommendations.
Accordingly, Petitioner’s claims will be dismissed without prejudice as untimely
and procedurally defaulted. A certificate of appealability will be denied.
The court will enter a separate Final Order.

DONE and ORDERED this 22nd day of February, 2019.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE