Singleton v. State of Alabama et al

Filing 12

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

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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, ) ) ) ) ) ) ) ) ) ) ) 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.

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