Witherspoon v. Deloach et al
Filing
21
ORDER ADOPTING R&R. Signed by Senior Judge Charles R. Butler, Jr on 2/19/2013. (adk)
IN
THE
UNITED
STATES
DISTRICT
COURT
FOR
THE
SOUTHERN
DISTRICT
OF
ALABAMA
SOUTHERN
DIVISION
JONATHAN
C.
WITHERSPOON,
Petitioner,
v.
JAMES
H.
DELOACH
and
STATE
OF
ALABAMA
ATTORNEY
GENERAL,
Respondents.
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CIVIL
ACTION
NO.
07-‐00266-‐CB-‐M
ORDER
Upon
receipt
of
correspondence
from
the
Petitioner,
the
Court
has
reviewed
this
habeas
action
and
discovered
that
even
though
final
judgment
was
entered
on
October
2,
2007,
the
Court
failed
to
enter
an
order
formally
adopting
the
Magistrate
Judge’s
Report
and
Recommendation.
On
August
30,
2007,
the
Magistrate
Judge
entered
a
Report
and
Recommendation
recommending
that
this
habeas
petition
be
dismissed
because
Petitioner’s
claims
either
lacked
merit
or
were
procedurally
defaulted.
A
copy
of
this
order,
along
with
instructions
for
filing
objections,
was
mailed
to
the
Petitioner
at
the
address
on
file.
After
the
time
for
filing
an
objection
had
run
and
no
objection
was
filed,
the
Court
conducted
a
de
novo
review
of
the
file
and
entered
a
final
judgment
dismissing
the
habeas
petition.
However,
the
Court
inadvertently
failed
to
enter
an
order
formally
adopting
the
Magistrate
Judge’s
Report
and
Recommendation.
Although
the
adoption
of
the
Magistrate
Judge’s
Report
and
Recommendation
is
implicit
in
the
entry
of
final
judgment,
as
a
matter
of
clarification,
the
Court
hereby
ORDERS
that
motion
Report
and
Recommendation
entered
August
30,
2007
be
and
hereby
is
ADOPTED
as
the
opinion
of
this
Court.
DONE
this
the
19th
day
of
February,
2013,
nunc
pro
tunc
the
2nd
day
of
October,
2007.
s/Charles
R.
Butler,
Jr.
Senior
United
States
District
Judge
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