Kimber v. Jones et al

Filing 10

MEMORANDUM OPINION. Signed by Judge R David Proctor on 4/3/13. (ASL)

FILED
2013 Apr-03 AM 11:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
ANDREW BRUCE KIMBER,
Petitioner,
v.
JONES, Warden; THE ATTORNEY
GENERAL OF THE STATE OF
ALABAMA,
Respondents.

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Case No.: 5:12-cv-02320-RDP-JEO

MEMORANDUM OF OPINION
The Magistrate Judge filed a Report and Recommendation (Doc. #9) on February 22, 2013,
recommending that Petitioner's Petition for Writ of Habeas Corpus (Doc. #1) be denied and that this
action be dismissed with prejudice, based upon the statute of limitations, 28 U.S.C. § 2244(d)(1).
No objections were filed by any party.
Having now carefully reviewed and considered de novo all of the materials in the court file,1
including the Report and Recommendation, the court is of the opinion that the Report is due to be
and hereby is ADOPTED, and the Recommendation is ACCEPTED. Accordingly, Petitioner's
Petition for Writ of Habeas Corpus (Doc. #1) is due to be denied and this action is due to be
dismissed with prejudice, based upon the statute of limitations. A Final Judgment will be entered.

1

The court notes that it was not required to conduct an independent review of the Report and Recommendation
in this case because no party has filed objections. Fed. R. Civ. P. 72(b); Thomas v. Arn, 474 U.S. 140, 150 (1985) ("It
does not appear that Congress intended to require district court review of a magistrate's factual or legal conclusions,
under a de novo or any other standard, when neither party objects to those findings."). Nonetheless, the court has
carefully reviewed the Magistrate Judge's Report and agrees with his conclusions.

DONE and ORDERED this

3rd

day of April, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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