Fortenberry v. Mitchem et al, No. 5:2011cv03561 - Document 17 (N.D. Ala. 2013)

Court Description: MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 07/30/2013. (PSM)

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Fortenberry v. Mitchem et al Doc. 17 FILED 2013 Jul-30 PM 04:05 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION ) ) ) ) ) ) ) ) ) MARVIN FORTENBERRY, Petitioner, vs. BILLY MITCHEM, et al., Respondents. Civil Action Number 5:11-cv-3561-AKK-HGD MEMORANDUM OPINION On July 8, 2013, the magistrate judge entered a report and recommendation and gave the parties until July 22, 2013 to file objections. Doc. 16. Neither party has filed any objections. After careful consideration of the record in this case and the magistrate judge s report and recommendation, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendation of the magistrate judge to DENY Fortenberry s petition for writ of habeas corpus because his claims are either unsupported or procedurally defaulted. DONE the 30th day of July, 2013. ________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE

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