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Case 5:11-cv-03561-AKK-HGD Document 17 Filed 07/30/13 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

NORTHEASTERN DIVISION

FILED

2013 Jul-30 PM 04:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

MARVIN FORTENBERRY,

Petitioner,

vs.

BILLY MITCHEM, et al.,

Respondents.

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Civil Action Number
5:11-cv-3561-AKK-HGD

MEMORANDUM OPINION

On July 8, 2013, the magistrate judge entered a report and recommendation

and gave the parties until July 22, 2013 to file objections. Doc. 16. Neither party

has filed any objections.

After careful consideration of the record in this case and the magistrate

judge’s report and recommendation, the court hereby ADOPTS the report of the

magistrate judge. The court further ACCEPTS the recommendation of the

magistrate judge to DENY Fortenberry’s petition for writ of habeas corpus

because his claims are either unsupported or procedurally defaulted.

DONE the 30th day of July, 2013.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE