Taite v. Ivey, No. 7:2020cv00957 - Document 4 (N.D. Ala. 2021)
Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 4/20/2021. (PSM)
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Taite v. Ivey Doc. 4 FILED 2021 Apr-20 AM 11:12 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION MARCUS O. TAITE, ) ) ) ) ) ) ) ) ) Petitioner, v. KAY IVEY, Respondent. Case No. 7:20-cv-00957-LSC-SGC MEMORANDUM OPINION The magistrate judge entered a report on March 19, 2021, recommending this petition for writ of habeas corpus—filed pursuant to 28 U.S.C. § 2254—be dismissed without prejudice as successive. (Doc. 3). The magistrate judge further recommended a certificate of appealability be denied. (Id. at 3). Although advised of his right to file specific written objections within fourteen days, the petitioner has not submitted objections, or any other response, to the court within the prescribed time. After careful consideration of the record in this case, the court ADOPTS the magistrate judge’s report and ACCEPTS her recommendation. In accordance with the recommendation, the court finds the petition is due to be dismissed without prejudice as successive. A certificate of appealability is due to be denied. 1 Dockets.Justia.com A separate order will be entered. DONE and ORDERED on April 20, 2021. _____________________________ L. Scott Coogler United States District Judge 160704 2
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