Kelly v. Davenport et al

Filing 12

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 6/11/15. (SAC )

FILED
2015 Jun-11 PM 02:31
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
TERRY L. KELLY,

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Petitioner,
v.
CARTER DAVENPORT, et al.,
Respondents.

5:12-cv-03473-WMA-JEO

MEMORANDUM OPINION
Terry L. Kelly (“the petitioner”), has filed a pro se petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2254. (Doc. 1). The magistrate judge assigned this case filed his report and
recommendation on May 7, 2015, recommending that the petition for writ of habeas corpus be
dismissed with prejudice. (Doc. 11). The petitioner has not objected to the same.
The court has considered the entire file in this action together with the Magistrate Judge's
Report and Recommendation and has reached an independent conclusion that the Magistrate Judge's
Report and Recommendation is due to be adopted and approved. The court hereby adopts and
approves the findings and recommendation of the magistrate judge as the findings and conclusions
of the court. In accord with the recommendation, this petition for writ of habeas corpus is due to be
denied and dismissed with prejudice. An appropriate order will be entered.
DONE, this the 11th day of June, 2015.

_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE