Singleton v. State of Alabama et al

Filing 12

MEMORANDUM OPINION. Signed by Judge R David Proctor on 3/15/2016. (KAM, )

FILED
2016 Mar-15 AM 10:39
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
GARY THOMAS SINGLETON,

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Petitioner,
v.
STATE OF ALABAMA; and the
ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondents.

Case No. 5:15-cv-1194-RDP-TMP

MEMORANDUM OPINION
The Magistrate Judge filed his Report and Recommendation on February 22, 2016,
recommending dismissal of Petitioner's 28 U.S.C. § 2254 petition for habeas corpus relief. (Doc. 11).
To date no objections to the Report and Recommendation have been filed. Having now carefully
considered de novo all the materials in the court file, including the Report and Recommendation, the
court is of the opinion that the Magistrate Judge's Report is ADOPTED and the recommendation
ACCEPTED.1
It is therefore ORDERED that the claim for habeas corpus relief pursuant to 28 U.S.C. §
2254 in the above-styled cause be and hereby is due to be denied and dismissed without prejudice.
A separate order in accordance with this memorandum opinion will be entered.
DONE and ORDERED this

15th

day of March, 2016.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

1

The court is aware Petitioner filed a motion to hold this case in abeyance as he seeks the permission of the
Eleventh Circuit to file this successive petition. (Doc. #10). But that motion, filed over four moths ago, does not account
for the fact that Petitioner’s claims are time-barred, in any event.