Scales v. Kilgore, No. 1:2020cv01142 - Document 18 (N.D. Ala. 2021)

Court Description: MEMORANDUM OPINION: the petition for writ of habeas corpus is due to be DISMISSED WITHOUT PREJUDICE. Further, because the petition does not present issues that are debatable among jurists of reason, a certificate of appealability is due to be DENIED. Signed by Judge Liles C Burke on 5/7/21. (BJL)

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Scales v. Kilgore Doc. 18 FILED 2021 May-07 PM 02:31 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION RORY SCALES, Petitioner, v. JIMMY KILGORE, Respondent. ) ) ) ) ) ) ) ) ) Case No. 1:20-cv-01142-LCB-SGC MEMORANDUM OPINION Petitioner Rory Scales, proceeding pro se, filed this action for writ of habeas corpus on August 7, 2020. (Doc. 1). Scales challenges his three domestic violence convictions and resulting sentences from the Circuit Court of Talladega County, Alabama. (Docs. 1, 5, 14). On April 13, 2021, United States Magistrate Judge Staci G. Cornelius entered a Report and Recommendation pursuant to 28 U.S.C. § 636(b), recommending that the habeas petition be dismissed without prejudice to allow the petitioner to exhaust his state law remedies. (Doc. 14). Although the petitioner was notified of his right to file objections within fourteen (14) days, no objections have been filed with the court. Having carefully reviewed and considered de novo all the materials in the court file, including the Magistrate Judge’s Report and Recommendation, the Court Dockets.Justia.com concldues that the Magistrate Judge’s findings are due to be and are hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the petition for writ of habeas corpus is due to be DISMISSED WITHOUT PREJUDICE. Further, because the petition does not present issues that are debatable among jurists of reason, a certificate of appealability is due to be DENIED. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000); Rule 11(a), Rules Governing § 2254 Proceedings. A separate Final Judgment will be entered. The Clerk of Court is DIRECTED to close the case. DONE and ORDERED May 7, 2021. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE 2

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