Carmichael v. Butler et al, No. 1:2023cv01393 - Document 16 (N.D. Ala. 2024)

Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 9/24/2024. (MEB2)

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Carmichael v. Butler et al Doc. 16 FILED 2024 Sep-24 PM 12:39 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION LAFOREST CARMICHAEL, Petitioner, v. REOSHA BUTLER, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 1:23-cv-01393-LSC-SGC MEMORANDUM OPINION The magistrate judge entered a report on August 28, 2024, recommending the claims presented in this habeas petition, filed pursuant to 28 U.S.C. § 2254, be denied and dismissed, either as meritless or as unexhausted and procedurally defaulted. (Doc. 12). The magistrate judge further recommended denial of a certificate of appealability. (Id. at 20). The petitioner timely objected. (Doc. 15). However, the objections merely repeat arguments already presented in the original petition and in response to the state’s answer. (Compare Doc. 15 with Docs. 1, 11). The report and recommendation addressed these arguments, and further discussion is not warranted. Accordingly, the petitioner’s objections are OVERRULED. After careful consideration of the entire record in this case, the court ADOPTS the magistrate judge’s report and ACCEPTS the recommendation. Consistent with that recommendation, the petitioner’s claims will be denied and Dockets.Justia.com dismissed with prejudice, either as meritless or as unexhausted and procedurally defaulted. A certificate of appealability will be denied. A separate order will be entered. DONE and ORDERED on September 24, 2024. _____________________________ L. Scott Coogler United States District Judge 160704 2

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