Summers v. Jones

Filing 16

ORDER ADOPTING with amendments as set out the REPORT AND RECOMMENDATIONS 14 re: 1 Petition for Writ of Habeas Corpus & 4 Petition for Writ of Habeas Corpus filed by Sanwan Tinelle Summers. Signed by Judge Kristi K. DuBose on 9/8/08. Copies to parties on 9/9/08. (mpp)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION SANWAN TINELLE SUMMERS, AIS 216735, Petitioner, : vs. : KENNETH JONES, : Respondent. ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the recommendation to which objection is made1, the recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(l)(B) and dated August 14, 2008, is ADOPTED, with the following amendments, as the opinion of this Court. Page 19 paragraph 7, sentence 1 is amended to read as follows: It is clear to the undersigned that Summers has procedurally defaulted all claims raised by petitioner. Page 19 - footnote 4 is STRICKEN Page 20 is amended to ADD the following language at the end of paragraph 7: CA 08-0273-KD-C : : Respondent does not object the ultimate conclusion reached by the Magistrate Judge, but, rather, seeks a modification of certain conclusions contained in the Report and Recommendation. (See doc. 15) 1 1 As to the jury instruction claim, the petitioner failed to meet Alabama's procedural rule that this issue be presented pre-trial. Moreover, this was the alternative basis on which the jury instruction claim was denied by the Alabama Court of Criminal Appeals. Pages 22-28: Section B is STRICKEN in its entirety. DONE this 9th day of September, 2008. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE 2

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