Hawk v. Attorney General of the State of Alabama, The

Filing 11

MEMORANDUM OPINION ADOPTING and ACCEPTING the Magistrate Judge's 9 Report and Recommendation and OVERRULING Petitioner's 10 Objection. Signed by Judge Virginia Emerson Hopkins on 7/31/2015. (JLC)

FILED
2015 Jul-31 PM 03:14
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
DOYLE KORDELL HAWK,
Petitioner,
v.

THE ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondent.

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5:15-cv-0462-VEH-JEO

MEMORANDUM OPINION
This is an action on a petition for a writ of habeas corpus filed pursuant to
28 U.S.C. § 2254 by Doyle Kordell Hawk, an Alabama state prisoner acting pro
se. (Doc. 1). On July 13, 2015, the magistrate judge entered a report and
recommendation, see 28 U.S.C. § 636(b), FED. R. CIV. P. 72(b)(1), LR
72.1(b)(3)(A), recommending that Hawk’s habeas petition be denied and that the
action be dismissed with prejudice. (Doc. 9). Hawk has now filed a timely
objection to the report and recommendation. (Doc. 10).
Having carefully reviewed and considered de novo all the materials in the
court file, including the magistrate judge’s Report and Recommendation and
Hawk’s objection thereto, the court is of the opinion that the magistrate judge’s
findings are due to be and are hereby ADOPTED and his recommendation is

ACCEPTED. In Hawk’s objection, he essentially rehashes the same arguments
forming the basis of his petition. It will suffice to say that the undersigned agrees
with the magistrate judge’s discussion and disposition of those arguments, so
Hawk’s objection is OVERRULED. As a result, the petition for writ of habeas
corpus is due to be DENIED and this action is due to DISMISSED WITH
PREJUDICE. Further, because the petition does not present issues that are
debatable among jurists of reason, a certificate of appealability is also due to be
DENIED. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484-85
(2000); Rule 11(a), RULES GOVERNING § 2254 PROCEEDINGS. A separate Final
Order will be entered.
DONE, this the 31st day of July, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge

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