McKeithen v. Billups et al, No. 7:2013cv01944 - Document 15 (N.D. Ala. 2014)

Court Description: MEMORANDUM OPINION. Signed by Judge R David Proctor on 11/3/2014. (AVC)

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McKeithen v. Billups et al Doc. 15 FILED 2014 Nov-03 PM 04:17 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION ORLANDO SAMUEL McKEITHEN, Petitioner, v. PHYLLIS BILLIPS, Warden, and the ATTORNEY GENERAL OF THE STATE OF ALABAMA, Respondents. ) ) ) ) ) Case No. 7:13-cv-1944-RDP-TMP ) ) ) ) ) ) MEMORANDUM OPINION On October 8, 2014, the Magistrate Judge filed his Report and Recommendation, recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254 be denied and dismissed. (Doc. 13). On October 24, 2014, Petitioner filed objections. (Doc. 14). Having now carefully reviewed and considered de novo all the materials in the court file, including the Report and Recommendation and the objections, the court is of the opinion that the Report is due to be and hereby is ADOPTED, and the Recommendation is ACCEPTED. Petitioner’s objections are OVERRULED. Consequently, the petition for writ of habeas corpus is due to be denied and dismissed with prejudice. A separate final judgment will be entered. The Clerk is DIRECTED to mail a copy of this Memorandum Opinion to Petitioner. DONE and ORDERED this November 3, 2014. _________________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE

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