Rogers v. State of Alabama (The) et al

Filing 10

MEMORANDUM OPINION ADOPTING and ACCEPTING the Magistrate Judge's 9 Report and Recommendation. Signed by Judge James H Hancock on 11/19/2015. (JLC)

FILED
2015 Nov-19 AM 10:04
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
KEITH A. N. ROGERS,
Petitioner,
v.

THE STATE OF ALABAMA and
THE ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondents.

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5:15-cv-0704-JHH-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 Keith A. N. Rogers (“Rogers” or “Petitioner”), an Alabama state prisoner acting pro se.
The magistrate judge to whom the case was referred for preliminary review has entered a report
and recommendation pursuant to 28 U.S.C. § 636(b) that recommends that habeas relief be
denied because Petitioner’s habeas claims are barred by the statute of limitations, 28 U.S.C. §
2244(d)(1). (Doc. 9). No objections to the report and recommendation have been filed, and the
time prescribed for doing so has expired.
Having carefully reviewed and considered de novo all the materials in the court file,
including the magistrate judge’s report and recommendation, 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. Accordingly, the petition for a writ of habeas corpus is due to be DENIED and
this action is due to be DISMISSED WITH PREJUDICE. Further, the court concludes that the

petition does not present issues that are debatable among jurists of reason, so 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 19th day of November, 2015.

SENIOR UNITED STATES DISTRICT JUDGE

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