Sterling v. Alabama, State of

Filing 5

MEMORANDUM OPINION. Signed by Judge R David Proctor on 4/13/2017. (AVC)

FILED
2017 Apr-13 AM 08:48
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JAMES HUGO STERLING,
Petitioner,
v.
STATE OF ALABAMA,
Respondent.

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Case No.: 5:17-cv-00268-RDP-TMP

MEMORANDUM OPINION
On March 28, 2017, the Magistrate Judge’s Report and Recommendation was entered
and the parties were allowed therein fourteen (14) days in which to file objections to the
recommendations made by the Magistrate Judge. (Doc. # 4). No objections were filed.1
After careful consideration of the record in this case and the Magistrate Judge’s Report
and Recommendation, the court hereby ADOPTS the Report of the Magistrate Judge. The court
further ACCEPTS the recommendations of the Magistrate Judge that the petition for writ of
habeas corpus be denied and dismissed without prejudice for failure to pay the filing fee.
A separate order in accordance with the Memorandum Opinion will be entered.
DONE and ORDERED this April 13, 2017.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

1

The court notes that Petitioner, a pretrial detainee, does not receive the benefit of the mailbox rule
because he is currently represented by counsel. See Williams v. Russo, 636 F. App’x 527, 531 (11th Cir. 2016)
(asserting that the mailbox rule only applies to filings submitted by pro se prisoners).