Kelly v. State of Alabama et al, No. 7:2019cv01660 - Document 14 (N.D. Ala. 2020)
Court Description: MEMORANDUM OPINION - After careful consideration of the record in this case and the magistrate judge's report, the court ADOPTS the report of the magistrate judge and ACCEPTS his recommendation. Accordingly, the court DENIES Mr. Kelly's § 2254 and WILL DISMISS this action WITH PREJUDICE. The court DENIES a certificate of appealability. The court will enter a separate final judgment. Signed by Judge Annemarie Carney Axon on 7/31/2020. (KEK)
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Kelly v. State of Alabama et al Doc. 14 FILED 2020 Jul-31 PM 12:12 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION EUGENE DUYANT KELLY, Petitioner, v. STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 7:19-cv-01660-ACA-HNJ MEMORANDUM OPINION The magistrate judge entered a report recommending that the court deny as untimely Petitioner Eugene Duyant Kelly’s 28 U.S.C. § 2254 petition for writ of habeas corpus. (Doc. 13). The magistrate judge also recommended denying a certificate of appealability. (Id.). Although the magistrate judge advised the parties of their right to file specific written objections within fourteen days, the court has received no objections. After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the report of the magistrate judge and ACCEPTS his recommendation. Accordingly, the court DENIES Mr. Kelly’s § 2254 and WILL DISMISS this action WITH PREJUDICE. The court DENIES a certificate of appealability. The court will enter a separate final judgment. Dockets.Justia.com DONE and ORDERED this July 31, 2020. _________________________________ ANNEMARIE CARNEY AXON UNITED STATES DISTRICT JUDGE 2
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