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, )

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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. } } } } } } } } } } } } 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 2

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