Rodgers v. Thomas et al

Filing 42

MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 03/25/14. (SPT )

FILED
2014 Mar-25 AM 10:44
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

ELZIE STEPHEN RODGERS, JR.,
Petitioner,
v.
KIM TOBIAS THOMAS,
Commissioner, Alabama
Department of Corrections, and
THE ATTORNEY GENERAL
FOR THE STATE OF ALABAMA,
Respondents.

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Case No. 5:12-cv-04093-CLS-HGD

MEMORANDUM OPINION
On January 16, 2014, the magistrate judge’s report and recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. After obtaining
extensions of time in which to do so, petitioner filed objections to the magistrate
judge’s report and recommendation on March 21, 2014.1

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While the objections were docketed on March 24, 2014, the envelope in which petitioner
mailed the objections is postmarked March 21, 2014. See Houston v. Lack, 487 U.S. 266, 108 S.Ct.
2397, 101 L.Ed.2d 245 (1988).

After careful consideration of the record in this case and the magistrate judge’s
report and recommendation and petitioner’s objections thereto, the court hereby
ADOPTS the report of the magistrate judge and ACCEPTS his recommendation that
the petition for writ of habeas corpus be denied.
A separate order in conformity with this Memorandum Opinion will be entered
contemporaneously herewith.
DONE this 25th day of March, 2014.

______________________________
United States District Judge

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