Sanderson v. Mitchem et al

Filing 13

MEMORANDUM OPINION. Signed by Judge Sharon Lovelace Blackburn on 3/24/14. (ASL)

FILED
2014 Mar-25 AM 10:58
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
DONALD RAY SANDERSON,
Petitioner,
vs.
WARDEN MITCHEM; and the
ATTORNEY GENERAL OF THE
STATE OF ALABAMA,
Respondents.

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CASE NO. 6:11-cv-1732-SLB-PWG

MEMORANDUM OPINION
The magistrate judge filed a Report and Recommendation on December 23, 2013,
(doc. 11), recommending that the petition for writ of habeas corpus, pursuant to 28 U.S.C.
§ 2254, be denied and dismissed with prejudice. On January 3, 2014, petitioner, Donald Ray
Sanderson (“Sanderson”) filed a pleading styled as “Objection to Recomendation [sic] of the
Honorable Paul Greene United States Magistrate Judge.” (Doc. 12.) The court will treat
such filing as an objection to the magistrate judge’s Report and Recommendation or, in the
alternative, as a motion.
Sanderson’s objections consist almost entirely of restatements of the arguments he has
already presented, including: (1) that the Alabama Court of Civil Appeals erred in dismissing
his appeal on procedural grounds; (2) that as a result of the Court of Civil Appeals’ error, he
has exhausted his current claims in state court; (3) that he was convicted on the strength of
his victims’ perjured testimony; (4) that he received ineffective assistance of counsel. (Doc.

12 at 2-12.) These arguments were considered and rejected by the magistrate judge, and
Sanderson’s objections add nothing new to the equation. Accordingly, these objections are
due to be overruled.
The one objection not explicitly addressed in the Report and Recommendation is that
a witness for the prosecution, Mindy Gallian1 (“Gallian”), did not bring her records or notes
to court when she testified. (Doc. 12 at 7-8.) Gallian was a therapist who met with
Sanderson’s minor victims following their sexual abuse and, apparently, Sanderson served
Gallian with a subpoena duces tecum. (Id. at 7). This claim faces the same deficiencies
which doom Sanderson’s other claims; it is procedurally defaulted and it fails on the merits.
First, as explained in section II. A. of the Report and Recommendation, Sanderson failed to
exhaust this claim in state court. (Doc. 11 at 4-9.) Next, even if this claim were not
procedurally defaulted, as with the other claims addressed in section II. B. of the Report and
Recommendation, this claim is fatally vague and fails on the merits. (Id. at 9-17.)
Accordingly, Sanderson’s objection regarding Gallian’s testimony is due to be overruled.
Having carefully reviewed and considered de novo all the materials in the court file,
the court is of the opinion that the magistrate judge’s findings are due to be and are hereby
ADOPTED and his Recommendation is ACCEPTED. To the extent that the Sanderson’s
filing of January 3, 2014, (doc. 12), is construed as interposing objections to the Report and

1

Mendy’s last name is spelled “Gallian” in the opinion by the Alabama Court of
Criminal Appeals. (Doc. 6-2 at 1.) Mindy’s last name is also spelled “Gallion” in some
documents.
2

Recommendation, the objections are OVERRULED. To the extent that Sanderson’s filing,
(doc. 12), is construed as a motion, it is DENIED. Accordingly, the petition for writ of
habeas corpus is due to be denied and this case is due to be dismissed with prejudice. An
order in accordance will be entered contemporaneously with this Memorandum Opinion.
DONE this 24th day of March, 2014.

SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE

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