Clancy v. Thomas et al

Filing 10

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 9/27/2016. (KEK)

FILED
2016 Sep-27 AM 09:11
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
MYRON CLANCY,
Petitioner,
v.
WARDEN WILLIE THOMAS, et al.,
Respondents.

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Case No.: 7:13-cv-00766-MHH-SGC

MEMORANDUM OPINION
On August 29, 2016, the magistrate judge entered a report recommending that the
petition filed by Mr. Clancy (Doc. 1) be denied.

(Doc. 9).

The magistrate judge also

recommended against providing a certificate of appealability to Mr. Clancy because Mr. Clancy
has not made a substantial showing of the denial of a constitutional right. (Id.). The magistrate
judge advised Mr. Clancy of his right to object and gave him fourteen (14) days to do so. (Id.).
More than fourteen (14) days have passed, and the Court has not received objections from Mr.
Clancy.
A district court “may accept, reject, or modify, in whole or part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). A district court
reviews legal conclusions in a report de novo and reviews for plain error factual findings to
which no objection is made. Garvey v. Vaughn, 993 F.2d 776, 779 n. 9 (11th Cir. 1993); see also
LoConte v. Dugger, 847 F.2d 745, 749 (11th Cir. 1988); Macort v. Prem, Inc., 208 Fed. Appx.
781, 784 (11th Cir. 2006).1

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When a party objects to a report in which a magistrate judge recommends dismissal of the action, a district court
must “make a de novo determination of those portions of the report or specified proposed findings or
recommendations to which objection is made.” 28 U.S.C. §§ 636(b)(1)(B)-(C).

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Having reviewed the habeas petition and the report and recommendation, the Court finds
no misstatements of law in the report and no plain error in the magistrate judge’s description of
the relevant state court proceedings. Therefore, the Court adopts the magistrate judge’s report
and accepts her recommendation.
A separate order will be entered.
DONE and ORDERED this September 27, 2016.

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MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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