Foster v. Jones et al

Filing 15

MEMORANDUM OPINION ADOPTING and ACCEPTING the 10 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 9/30/2016. (JLC)

FILED
2016 Sep-30 PM 02:35
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JONATHAN ANTWAN FOSTER,
Petitioner,
v.
KENNETH JONES, Warden, et al.,
Respondents.

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Case No.: 5:13-cv-01509-VEH-SGC

MEMORANDUM OPINION

On August 1, 2016, the magistrate judge entered a report (Doc. 10)
recommending this petition for writ of habeas corpus, filed pursuant to 28 U.S.C. §
2254, be denied on the merits. The report and recommendation provided petitioner
fourteen days in which to object. (Doc. 10 at 7-8). Petitioner filed a motion seeking
a thirty (30) day extension of time to object, citing his pro se status and the difficulty
of performing legal research in prison. (Doc. 11). The magistrate judge granted the
motion, specifying that objections would be due on September 10, 2016. (Doc. 12).
On September 12, 2016, the court received Petitioner's motion seeking a second thirty
(30) day extension of time in which to file objections. (Doc. 13). The second motion
for extension was based on the same grounds as the first motion. (See Docs. 11, 13).

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The magistrate judge denied the second motion and ordered Petitioner to submit any
objections by September 20, 2016. (Doc. 14). To date, no objections have been
received.
After careful consideration of the record in this case and the magistrate judge’s
report, the court ADOPTS the report of the magistrate judge and ACCEPTS her
recommendations. Accordingly, the court finds that Petitioner's claims are due to be
denied. The court further concludes that a certificate of appealability is due to be
denied.
A separate order will be entered.
DONE and ORDERED this 30th day of September, 2016.

VIRGINIA EMERSON HOPKINS
United States District Judge

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