Fortenberry v. Mitchem et al

Filing 17

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 07/30/2013. (PSM)

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
)
)
)
)
)
)
)
)
)

MARVIN FORTENBERRY,
Petitioner,
vs.
BILLY MITCHEM, et al.,
Respondents.

2013 Jul-30 PM 04:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

Civil Action Number
5:11-cv-3561-AKK-HGD

MEMORANDUM OPINION
On July 8, 2013, the magistrate judge entered a report and recommendation
and gave the parties until July 22, 2013 to file objections. Doc. 16. Neither party
has filed any objections.
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. The court further ACCEPTS the recommendation of the
magistrate judge to DENY Fortenberry’s petition for writ of habeas corpus
because his claims are either unsupported or procedurally defaulted.
DONE the 30th day of July, 2013.

________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE