Dixon v. Toney

Filing 21

MEMORANDUM OPINION AND ORDER ADOPTING 16 Report and Recommendation. 1 Petition for Writ of Habeas Corpus, filed by Michael Angelo Dixon is DENIED and DISMISSED with prejudice as unexhausted and/or procedurally defaulted. Petitioners request for the appointment of counsel, for an evidentiary hearing, and the motion to supplement 15 is DENIED. Signed by District Judge Terry F. Moorer on 2/7/2024. Copy mailed to Petitioner at Limestone Correctional Facility. (fz)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL ANGELO DIXON,
AIS #000248282,
Petitioner,
vs.
CHADWICK CRABTREE, Warden,
Limestone Correctional Facility,
Respondent.

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CIV. ACT. NO. 1:20-cv-303-TFM-N

MEMORANDUM OPINION AND ORDER
On July 6, 2023, the Magistrate Judge entered a Report and Recommendation which
recommends this petition brought under 28 U.S.C. § 2254 be denied and dismissed with prejudice
and a certificate of appealability be denied. See Doc. 16. It further recommends that the motion
to supplement (Doc. 15) and his requests for an evidentiary hearing and appointment of counsel
also be denied. The Court previously adopted this Report and Recommendation and issued
Judgment on August 3, 2023. See Docs. 17, 18. However, on September 11, 2023, the Petitioner
filed a motion indicating he did not timely receive the Report and Recommendation which is why
he did not file objections. See Doc. 19. As a result, the Court vacated the previously entered
Memorandum Opinion and Order and Judgment to provide Petitioner an additional opportunity to
file objections. Id. The Court also provided an extended period because of the holiday and prison
mail system but indicated a firm deadline of January 26, 2024 for objections. Id. No objections
were filed, and the time frame has now passed to include an additional 12 days to account for the
mail.
Accordingly, after due and proper consideration of all portions of this file deemed relevant

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to the issues raised, and there having been no objections filed, the Report and Recommendation of
the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, it is ORDERED that
Michael Angelo Dixon’s petition for a writ of habeas corpus brought pursuant to 28 U.S.C. § 2254
is DENIED and DISMISSED with prejudice as unexhausted and/or procedurally defaulted.
Additionally, Petitioner’s request for the appointment of counsel, for an evidentiary hearing, and
the motion to supplement (Doc. 15) is DENIED. Finally, the Court determines that Petitioner is
not entitled to a Certificate of Appealability and therefore, is not entitled to appeal in forma
pauperis.
The Court will enter a separate judgment pursuant to Fed. R. Civ. P. 58.
DONE and ORDERED this 7th day of February, 2024.
/s/Terry F. Moorer
TERRY F. MOORER
UNITED STATES DISTRICT JUDGE

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