Batts v. Givens

Filing 12

MEMORANDUM OPINION - After careful consideration of the record in this case and the Magistrate Judge's Report and Recommendation, the court ADOPTS the Report and ACCEPTS the Recommendation. Consistent with that Recommendation, the court finds that Petitioner's 28 U.S.C. § 2254 habeas petition is due to be denied and his claims are due to be dismissed with prejudice as time-barred. A final judgment will be entered. Signed by Judge R David Proctor on 7/29/2022. (KEK)

FILED
2022 Aug-01 AM 09:06
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
PORTER ALLEN BATTS,

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Petitioner,
v.
GWENDOLYN GIVENS,
Respondent.

Case No. 5:21-cv-01641-RDP-HNJ

MEMORANDUM OPINION
The Magistrate Judge entered a Report and Recommendation (Doc. 11) on June 8, 2022,
recommending that Porter Allen Batts’s petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 2254 (Doc. 1) be DENIED and his claims be dismissed with prejudice as time-barred. No
objections have been filed.
After careful consideration of the record in this case and the Magistrate Judge’s Report and
Recommendation, the court ADOPTS the Report and ACCEPTS the Recommendation.
Consistent with that Recommendation, the court finds that Petitioner’s 28 U.S.C. § 2254 habeas
petition is due to be denied and his claims are due to be dismissed with prejudice as time-barred.
A final judgment will be entered.
DONE and ORDERED this July 29, 2022.

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R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE