McWilliams v. Campbell, et al

Filing 97

ORDER ADOPTING REPORT AND RECOMMENDATIONS as set out. Signed by Judge R David Proctor on 4/17/13. (KGE, )

FILED
2013 Apr-17 PM 02:15
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
JAMES E. McWILLIAMS,
Petitioner,
v.
DONAL CAMPBELL,
COMMISSIONER OF THE
ALABAMA DEPARTMENT OF
CORRECTIONS, et al.,
Respondents.

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Case No.: 7:04-CV-2923-RDP-RRA

ORDER
In accordance with the memorandum opinion this day entered, the court enters the following
orders.
First, the August 25, 2010, Memorandum Opinion (Doc. #75) that expressly addressed and
denied Claims I, II, III, IV, XX, XXIII, XXV(a), XXV(b) and XXVIII of Petitioner’s underlying
habeas petition is ADOPTED and INCORPORATED into this Final Judgment as if fully set out
herein.
Moreover, in accordance with the Eleventh Circuit’s remand order, this court has carefully
reviewed and considered de novo all the materials in the court file pertaining to all remaining claims,
and all objections to those remaining claims as that term specifically is defined by the magistrate
judge in his report and recommendation. This court determines that all of McWilliams’s objections
to all remaining claims are due to be and hereby overruled, and the Magistrate Judge’s Report (Doc.
#55) is due to be and is hereby ADOPTED and the Recommendation is ACCEPTED. Accordingly,
McWilliams’s Petition for Writ of Habeas Corpus (Doc. #1) and request for evidentiary hearing

(Doc. #17) are DENIED IN THEIR ENTIRETY.
Finally, McWilliams’ Motion to Supplement the Pleadings (Doc. #84) is DENIED. The
Clerk is DIRECTED to terminate the Motion.
The Clerk is FURTHER DIRECTED to enter judgment against McWilliams and to close
this civil action.
DONE and ORDERED this

17th

day of April, 2013.

___________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE

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