McDowell v. Toney et al, No. 5:2019cv01774 - Document 9 (N.D. Ala. 2020)

Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 9/1/2020. (PSM)

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McDowell v. Toney et al Doc. 9 FILED 2020 Sep-01 AM 10:40 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION DARRAYL MACKQUAY MCDOWELL, Petitioner, v. DEBORAH TONEY, et al., Respondents. ) ) ) ) ) ) ) ) ) ) Case No. 5:19-cv-01774-LSC-GMB MEMORANDUM OPINION This is an action on a petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by Darrayl Mackquay McDowell, a state prisoner proceeding pro se. On July 28, 2020, the Magistrate Judge entered a Report recommending the petition be denied. (Doc. 8). Although the parties were advised of their right to file specific written objections, no objections have been received by the court. After careful review of the record in this case, including the magistrate judge’s report, the court ADOPTS the report of the magistrate judge and ACCEPTS his recommendation. In accordance with the recommendation, the court finds that the petition in this matter is due to be DENIED and this action DISMISSED WITH PREJUDICE. A certificate of appealability is due to be DENIED. 1 Dockets.Justia.com DONE and ORDERED on August 31, 2020. _____________________________ L. Scott Coogler United States District Judge 160704 2

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