Beckwith v. Dunn

Filing 8

MEMORANDUM OPINION ADOPTING and ACCEPTING the 6 Magistrate Judge's Report and Recommendation and OVERRULING Petitioner's 7 Objections. Signed by Chief Judge Karon O Bowdre on 8/6/2018. (JLC)

FILED
2018 Aug-06 PM 02:02
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
BRIAN BECKWITH,
Petitioner,
v.
JEFF DUNN, COMMISSIONER
ALABAMA DEPARTMENT OF
CORRECTIONS,
Respondent.

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) Case No. 5:17-cv-01154-KOB-TMP
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MEMORANDUM OPINION
The magistrate judge filed his report and recommendation on March 14,
2018, recommending the court dismiss petitioner’s 28 U.SC. ' 2254 petition for
habeas corpus relief. (Doc. 6). With the assistance of counsel, Petitioner filed
timely objections on March 28, 2018.

(Doc. 7).

But in doing so, the one-

paragraph objections merely incorporated by reference the claims and arguments
previously advanced in the petition and the traverse to the response filed by the
Respondent.
Having reviewed and considered de novo the report and recommendation,
the objections to it, and other matters in the court record, the court finds that the
objections are due to be OVERRULED and the report and recommendation
ADOPTED and ACCEPTED. The court finds that the petition for habeas corpus

relief is due to be DENIED WITH PREJUDICE.
The court will enter a separate Final Order.
DONE and ORDERED this 6th day of August, 2018.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE