Gaddis v. Ivy

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

EASTERN DIVISION

THOMAS GADDIS, ) )

Petitioner, ) ) v. ) Case No. 1:21-cv-00588-AKK-SGC )

KAY IVY, et al., ) )

Respondents. )

MEMORANDUM OPINION

The magistrate judge entered a report on May 5, 2021, recommending this federal habeas petition filed by Thomas Gaddis be dismissed for failing to assert any claims cognizable, or seek any relief available, in a federal habeas corpus action and/or for failing to exhaust state court remedies. Doc. 2 at 7.1 Additionally, the magistrate judge recommended a certificate of appealability be denied. Id. at 7-8. While advised of his right to file specific written objections to the report and recommendation within fourteen (14) calendar days, id. at 8, Gaddis has not submitted objections, or any other response, within the prescribed time.

After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the report and ACCEPTS her recommendations. In While docketed as arising under § 28 U.S.C. 2254, the petition does not specify whether it is brought pursuant to § 2254 or 28 U.S.C. § 2241. The report and recommendation explains why Gaddis is not entitled to relief under either statute. accordance with the recommendations, the court finds Gaddis’s federal habeas petition is due to be DISMISSED. Furthermore, because the petition does not present issues that are debatable among jurists of reason, a certificate of appealability is due to be DENIED. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000); Rule 11(a), Rules Governing § 2254 Proceedings. A separate order will be entered.

DONE the 4th day of June, 2021.

— Apso bh te

ABDUL K. KALLON UNITED STATES DISTRICT JUDGE