McCaa v. Raybon et al

Filing 7

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 5/28/2014. (JLC)

FILED
2014 May-28 PM 01:53
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
ANTHONY WAYNE MCCAA,
Petitioner
vs.
TERRY RAYBON, Warden, and
THE ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondents

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Case No. 7:14-cv-00775-VEH-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 May 16, 2014,
petitioner filed a response to the magistrate judge’s report and recommendation, in
which he asks the court to enter final judgment dismissing the petition for writ of
habeas corpus on the alternative ground recommended by the magistrate judge of
failure to comply with 28 U.S.C. § 2244(b)(3)(A).
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation and the petitioner’s response 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 dismissed as time-barred and, in the alternative, for failure to comply with
28 U.S.C. § 2244(b)(3)(A).
A separate order in conformity with this Memorandum Opinion will be entered
contemporaneously herewith.
DONE this 28th day of May, 2014.

VIRGINIA EMERSON HOPKINS
United States District Judge

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