Johnny Lee Duke v. Warden Crabtree, No. 5:2022cv00956 - Document 13 (N.D. Ala. 2023)

Court Description: MEMORANDUM OPINION-After de novo consideration of the record in this case, and the Magistrate Judge's report and recommendation, the court ADOPTS the report and ACCEPTS the recommendation. Accordingly, the court finds that Mr. Duke's petition for writ of habeas corpus is due to be DENIED and and his claims DISMISSED WITH PREJUDICE Signed by Judge Anna M Manasco on 07/10/2023. (AKD) Modified on 7/10/2023 (AKD).

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Johnny Lee Duke v. Warden Crabtree Doc. 13 FILED 2023 Jul-10 PM 03:26 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION JOHNNY LEE DUKE, Petitioner, v. WARDEN CRABTREE, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 5:22-cv-00956-AMM-NAD MEMORANDUM OPINION On June 12, 2023, the Magistrate Judge entered a report and recommendation, recommending that the court deny Johnny Lee Duke’s petition filed pursuant to 28 U.S.C. § 2254, as time barred. Doc. 12. Although the parties were advised of their rights to file objections within fourteen days, that time expired with no objections having been filed. After de novo consideration of the record in this case, and the Magistrate Judge’s report and recommendation, the court ADOPTS the report and ACCEPTS the recommendation. Accordingly, the court finds that Mr. Duke’s petition for writ of habeas corpus is due to be DENIED and and his claims DISMISSED WITH PREJUDICE. Further, because the petition does not present issues that are debatable among jurists of reason, a certificate of appealability is DENIED. See 28 U.S.C. § 2253(c); Dockets.Justia.com Slack v. McDaniel, 529 U.S. 473, 484–85 (2000); Rule 11(a), Rules Governing § 2254 Proceedings. The court will enter a separate final judgment. DONE and ORDERED this 10th day of July, 2023. _________________________________ ANNA M. MANASCO UNITED STATES DISTRICT JUDGE 2

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