Rickman v. Butler et al

Filing 26

MEMORANDUM OPINION, as set out, ADOPTING the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge that the petition for writ of habeas corpus be denied. A separate order in conformity with this Memorandum Opinion will be entered contemporaneously herewith. Signed by Judge Sharon Lovelace Blackburn on 2/10/15. (CTS, )

FILED
2015 Feb-10 AM 10:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
SHANE ALAN RICKMON,
Petitioner
v.
FREDDY BUTLER, Warden, and
THE ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondents

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Case No. 6:13-cv-0088-SLB-HGD

MEMORANDUM OPINION
On May 13, 2014, the magistrate judge’s report and recommendation was entered and
the parties were allowed therein fourteen (14) days in which to file objections to the
recommendations made by the magistrate judge. On or about May 22, 2014, petitioner filed
unsigned objections to the magistrate judge’s report and recommendation. (Doc. 17). By
order entered May 27, 2014, petitioner was ordered to return a signed copy of his objections
to the court within fourteen (14) days from the date of entry of the order. He was advised
that failure to comply with the order would result in the objections being stricken without
further notice. (Doc. 18).
When petitioner failed to return a signed copy of his objections within the time
allowed by the order, the court entered a Memorandum Opinion and Final Judgment on July
21, 2014, denying the petition for writ of habeas corpus. Petitioner thereafter sent a letter to

the court, construed as a motion asking the court to set aside its Memorandum Opinion and
Final Judgment entered July 21, 2014. (Doc. 21). The court granted the motion and vacated
the Memorandum Opinion and Final Judgment on August 18, 2014. (Doc. 22). Petitioner
was given until September 8, 2014, to file any objections to the report and recommendation.
Petitioner filed objections on August 24, 2014.
After careful consideration of the record in this case, the magistrate judge’s report and
recommendation and petitioner’s objections thereto, the court hereby ADOPTS the report of
the magistrate judge. The court further ACCEPTS the recommendations of the magistrate
judge that the petition for writ of habeas corpus be denied.
A separate order in conformity with this Memorandum Opinion will be entered
contemporaneously herewith.
DONE this 10th day of February, 2015.

SHARON LOVELACE BLACKBURN
UNITED STATES DISTRICT JUDGE

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