Weaver v. Langham ( 2023 )

U.S. DISTRICT N.D. OF AL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION STEPHEN LEWIS WEAVER, Plaintiff, Vv. Case No. 1:21-cv-1605-CLM-NAD SHARON LANGHAM, et al., Defendants. MEMORANDUM OPINION The magistrate judge has entered a report, recommending that the court deny Stephen Lewis Weaver’s petition under 28 U.S.C. § 2254 as time barred. (Doc. 10). Weaver was advised of his right to file objections with 14 days, but that time has expired and the court has received no objections. After de novo review of the record, and the magistrate judge’s report and recommendation, the court ADOPTS the report and ACCEPTS the recommendation. So the court will DENY Weaver's petition for writ of habeas corpus and DISMISS his claims WITH PREJUDICE. And Weaver's petition doesn’t present issues that are debatable among jurists of reason, so the court will DENY Weaver a certificate of appealability. See 28 U.S.C. § 2253(c); Slack v. McDaniel, 529 U.S. 478, 484-85 (2000); Rule 11(a), Rules Governing § 2254 Proceedings. The court will enter a separate final judgment that closes this case. Done and Ordered on July 18, 20238. at MAZE : UNITED STATES DISTRICT JUDGE