Otey v. State of Alabama et al

Filing 14

MEMORANDUM OPINION ADOPTING and ACCEPTING the 13 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 5/9/2018. (JLC)

FILED
2018 May-09 PM 02:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
RANDALL B. OTEY,
Petitioner,
v.
STATE OF ALABAMA, et al.,
Respondents.

)
)
)
)
) Case No. 5:16-cv-01661-VEH-TMP
)
)
)
)

MEMORANDUM OPINION
The magistrate judge filed a report and recommendation on April 16, 2018,
recommending dismissal of the petitioner’s 28 U.S.C. § 2254 petition for habeas
corpus relief. (Doc. 13). No objections to the report and recommendation have been
received by the court. Having now carefully considered de novo all of the material in
the court file, including the report and recommendation, the court is of the opinion that
the magistrate judge’s report is due to be ADOPTED and the recommendation
ACCEPTED.
It is therefore ORDERED that the petition for habeas corpus relief pursuant to
28 U.S.C. § 2254 in the above-styled cause be and hereby is DENIED and
DISMISSED WITHOUT PREJUDICE.

DONE and ORDERED this 9th day of May, 2018.

VIRGINIA EMERSON HOPKINS
United States District Judge