Guerrero v. Butler et al

Filing 22

MEMORANDUM OPINION ADOPTING REPORT AND RECOMMENDATIONS. Signed by Judge Abdul K Kallon on 3/11/2016. Copy served on petitioner on this date.(YMB)

FILED
2016 Mar-14 AM 08:13
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
PAUL RUDY GUERRERO,
Petitioner,

v.
FREDDIE BUTLER, et al.,
Respondents.

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Civil Action Number:
6:12-cv-03673-AKK-SGC

MEMORANDUM OPINION
On February 16, 2016, the magistrate judge entered a report, doc. 21,
recommending this petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254
be denied as procedurally defaulted and/or on the merits.

The parties were

afforded an opportunity to object; no objections have been filed.
After careful consideration of the record in this case and the magistrate
judge’s report, the court ADOPTS the report of the magistrate judge and
ACCEPTS her recommendations.

In accordance with the report and

recommendation, the court finds that all claims asserted in this matter are due to be
denied. Additionally, for the reasons stated in the report and recommendation, a
certificate of appealability pursuant to Rule 11 of the Rules Governing 2254
Proceedings is due to be denied.
A separate order will be entered.

DONE the 11th day of March, 2016.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE