Cox v. Alabama Department of Corrections

Filing 36

MEMORANDUM OPINION ADOPTING and ACCEPTING the 34 Magistrate Judge's Report and Recommendation. Because the Petitioner is represented by counsel, his 35 Objections to the Report and Recommendation is hereby STRICKEN. Signed by Chief Judge Karon O Bowdre on 1/30/2019. (JLC)

FILED
2019 Jan-30 PM 04:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
JOHNNY RAY COX,
Petitioner,
vs.
ALABAMA DEPARTMENT
OF CORRECTIONS,
Respondent.

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) Case No. 5:17-cv-556-KOB-TMP
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MEMORANDUM OPINION
The magistrate judge filed his amended report and recommendation on
December 7, 2018, recommending dismissal of petitioner's 28 U.S.C. § 2254 petition
for habeas corpus relief. (Doc. 34). Petitioner, who is represented by counsel, filed
pro se objections to the report and recommendation. (Doc. 35). Because the petitioner
is represented by counsel, his pro se filing is due to be and hereby is STRICKEN.1
Having now carefully considered de novo all the materials in the court file, including
the report and recommendation, the court finds that the magistrate judge's report
should be ADOPTED and the recommendation ACCEPTED.
A separate order will be entered in conformity with this Memorandum Opinion

1

Even if the pro se objections were due to be considered, the argument offered by
the petitioner is little more than a concession that his sentence has been correctly calculated, with
a request that he nonetheless be released prior to the expiration of the sentence.

that will DENY and DISMISS WITH PREJUDICE the claim for habeas corpus relief
pursuant to 28 U.S.C. § 2254 in the above-styled cause.
DONE and ORDERED this 30th day of January, 2019.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE