Dillard v. Marshall et al

Filing 24

MEMORANDUM OPINION - After careful consideration of the record in this case and the magistrate judge's report, the court ADOPTS the magistrate judge's report and ACCEPTS the recommendation. The court WILL DISMISS WITHOUT PREJUDICE Mr. Dillard's petition for writ of habeas corpus. The court will enter a separate final order consistent with this memorandum opinion. Signed by Judge Annemarie Carney Axon on 8/2/2022. (KEK)

FILED
2022 Aug-02 AM 10:16
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHWESTERN DIVISION
EDWARD RAY DILLARD,
Petitioner,
v.
STEVE MARSHALL, et al.,
Respondents.

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Case No.: 3:21-cv-00809-ACA-JHE

MEMORANDUM OPINION
On July 12, 2022, the magistrate judge entered a report recommending that
the court dismiss without prejudice Petitioner Edward Ray Dillard’s petition for writ
of habeas corpus due to Mr. Dillard’s failure to exhaust his claims in the state courts.
(Doc. 23). The magistrate judge notified the parties of their right to object and
warned them that failure to object waives the right to challenge on appeal any
unobjected-to factual and legal conclusions. (Id. at 14–15). The deadline for
objections has passed without receipt of any objections.
The parties’ failure to file specific objections waives any challenge to the
proposed findings and recommendations. See 28 U.S.C. § 636(b)(1); 11th Cir. R.
3-1. After careful consideration of the record in this case and the magistrate judge’s
report, the court ADOPTS the magistrate judge’s report and ACCEPTS the
recommendation.

The court WILL DISMISS WITHOUT PREJUDICE Mr. Dillard’s petition
for writ of habeas corpus. The court will enter a separate final order consistent with
this memorandum opinion.
DONE and ORDERED this August 2, 2022.

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ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE

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