Brown v. Attorney General for the State of Alabama, The

Filing 8

MEMORANDUM OPINION. Signed by Judge Sharon Lovelace Blackburn on 7/27/2015. (AVC)

FILED
2015 Jul-27 PM 04:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JAMES BRENT BROWN,
Petitioner,
v.
ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,
Respondent.

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5:15-cv-0668-SLB-JEO

MEMORANDUM OPINION
This is a habeas corpus action filed pursuant to 28 U.S.C. § 2254 by Petitioner James
Brent Brown, an Alabama state prisoner acting pro se. (Doc.1 1 (“Petition” or “Pet”)). On May
15, 2015, the magistrate judge entered a report pursuant to 28 U.S.C. § 636(b) and FED. R. CIV.
P. 72(b)(1) that recommended that the action be dismissed with prejudice on the ground that it is
barred by the applicable statute of limitations, 28 U.S.C. § 2244(d)(1). (Doc. 6). Brown has now
filed a timely objection to the magistrate’s report and recommendation. (Doc. 7).
Having carefully reviewed and considered de novo all the materials in the court file,
including the magistrate judge’s report and recommendation and Brown’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. While Brown has objected, it suffices to
say that his arguments are adequately addressed by the magistrate judge’s report and
recommendation. Accordingly, Brown’s objection is OVERRULED. As a result, the petition

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Citations to “Doc(s). ___” are to the document number of the pleadings and other
materials in the court file as reflected on the docket sheet.

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 Judgment will be entered.
DONE this the 27th day of July, 2015.

SHARON LOVELACE BLACKBURN
SENIOR UNITED STATES DISTRICT JUDGE

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