Batts v. Givens, No. 5:2021cv01641 - Document 12 (N.D. Ala. 2022)

Court Description: MEMORANDUM OPINION - After careful consideration of the record in this case and the Magistrate Judge's Report and Recommendation, the court ADOPTS the Report and ACCEPTS the Recommendation. Consistent with that Recommendation, the court finds that Petitioner's 28 U.S.C. § 2254 habeas petition is due to be denied and his claims are due to be dismissed with prejudice as time-barred. A final judgment will be entered. Signed by Judge R David Proctor on 7/29/2022. (KEK)
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Batts v. Givens Doc. 12 FILED 2022 Aug-01 AM 09:06 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION PORTER ALLEN BATTS, ) ) ) ) ) ) ) ) ) Petitioner, v. GWENDOLYN GIVENS, Respondent. Case No. 5:21-cv-01641-RDP-HNJ MEMORANDUM OPINION The Magistrate Judge entered a Report and Recommendation (Doc. 11) on June 8, 2022, recommending that Porter Allen Batts’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) be DENIED and his claims be dismissed with prejudice as time-barred. No objections have been filed. After careful consideration of the record in this case and the Magistrate Judge’s Report and Recommendation, the court ADOPTS the Report and ACCEPTS the Recommendation. Consistent with that Recommendation, the court finds that Petitioner’s 28 U.S.C. § 2254 habeas petition is due to be denied and his claims are due to be dismissed with prejudice as time-barred. A final judgment will be entered. DONE and ORDERED this July 29, 2022. _________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE Dockets.Justia.com