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)

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

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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

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