Isom v. Washington-Adduci et al
Filing
16
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 4/19/2018. (KBB)
FILED
2018 Apr-19 AM 08:52
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
DAFANY ISOM,
Petitioner,
v.
A. WASHINGTON-ADDUCI,
Warden, et al.,
Respondents.
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Case No.
7:16-cv-01539-AKK-HNJ
MEMORANDUM OPINION
The magistrate judge filed a report on March 30, 2018, recommending the
petition for writ of habeas corpus filed by Dafany Isom be denied. Doc. 14. Isom
filed objections to the report and recommendation on April 16, 2018. Doc. 15.
Isom repeats that her August 26, 2010, State of Tennessee parole revocation
garnered a twelve (12) month sentence, and argues that if the U.S. Marshals had
transferred her back to Dyer County Jail after her January 2011 federal
arraignment, the Tennessee parole board would have granted her re-release on
parole in July 2011.
Id. at 1.
Nonetheless, Isom produces no documentary
evidence establishing that she received a twelve (12) month parole revocation
sentence and no evidence to support her speculative contention as to re-release on
parole after serving that sentence.
Isom also argues that the Tennessee Department of Corrections (“TDOC”)
claimed her “as an inmate . . . from July 20, 2010 to January 18, 2011 and from
December 21, 2012 to September 16, 2013.”
Id. at 4.
This statement infers
TDOC did not claim her as an inmate between January 19, 2011, and December
20, 2012, but Isom produces no evidence to support this allegation. Additionally,
her September 16, 2013, re-release on parole belies any contention that the State of
Tennessee did not act as her primary custodian between July 20, 2010, and
September 16, 2013.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation and the objections thereto, the
magistrate judge’s report is hereby ADOPTED and the recommendation is
ACCEPTED.
Accordingly, the court ORDERS that the petition for writ of
habeas corpus is DENIED.
DONE the 19th day of April, 2018.
_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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