McCulloch v. Cooks ( 2020 )

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION TIMOTHY MCCULLOCH, ) ) Petitioner, ) ) v. ) Case No. 2:19-cv-01603-LSC-SGC ) JIMMY THOMAS, et al.,1 ) ) Respondents. ) MEMORANDUM OPINION On September 4, 2020, the magistrate judge entered a report recommending this petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, be denied and dismissed with prejudice. (Doc. 9). The report advised the parties of their rights to file specific written objections within fourteen (14) calendar days. (Id. at 33-34). Neither party has filed objections. After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the report and ACCEPTS the recommendation. In accordance with the recommendation, the court finds the petitioner’s claims are due 1 McCulloch initially named as a respondent Mary Cooks in her capacity as Warden of Fountain Correctional Facility, where McCulloch was imprisoned when he filed the petition. See Rumsfeld v. Padilla, 542 U.S. 426, 435 (2004); Rule 2(a), Rules Governing Section 2254 Cases. McCulloch has since been transferred to Bibb Correctional Facility, where Jimmy Thomas is the warden. Accordingly, Thomas is SUBSTITUTED for Cooks as a respondent, and the Clerk of Court is DIRECTED to amend the docket sheet accordingly. to be denied and dismissed with prejudice. Additionally, pursuant Rule 11 of the Rules Governing 2254 Proceedings, a certificate of appealability will be denied. A separate order will be entered. DONE and ORDERED on September 30, 2020. L. Scott C United States District Judge 160704