McKeithen v. Billups et al

Filing 15

MEMORANDUM OPINION. Signed by Judge R David Proctor on 11/3/2014. (AVC)

FILED
2014 Nov-03 PM 04:17
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
ORLANDO SAMUEL McKEITHEN,
Petitioner,
v.
PHYLLIS BILLIPS, Warden, and the
ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondents.

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) Case No. 7:13-cv-1944-RDP-TMP
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MEMORANDUM OPINION
On October 8, 2014, the Magistrate Judge filed his Report and Recommendation,
recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254 be
denied and dismissed. (Doc. 13). On October 24, 2014, Petitioner filed objections. (Doc. 14).
Having now carefully reviewed and considered de novo all the materials in the court file, including
the Report and Recommendation and the objections, the court is of the opinion that the Report is
due to be and hereby is ADOPTED, and the Recommendation is ACCEPTED. Petitioner’s
objections are OVERRULED. Consequently, the petition for writ of habeas corpus is due to be
denied and dismissed with prejudice. A separate final judgment will be entered.
The Clerk is DIRECTED to mail a copy of this Memorandum Opinion to Petitioner.
DONE and ORDERED this November 3, 2014.

_________________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE