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Dasilva v. Holder

United States District Court, N.D. Alabama, Middle Division

October 23, 2014

ORLANDINO DASILVA, Petitioner,
v.
ERIC HOLDER, JR., et al., Respondents.

REVISED MEMORANDUM OPINION

JAMES H. HANCOCK, Senior District Judge.

On September 22, 2014, the magistrate judge's report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. After the expiration of the fourteen days, no objections to the magistrate judge's report and recommendation were filed. As such, on October 20, 2014, the court adopted the report of the magistrate judge, accepted the recommendation that the petition for writ of habeas corpus be denied, and entered an order dismissing this action. (Docs. # 13 & 14.)

That same day, however, the court received objections to the magistrate judge's report and recommendation from Petitioner that were dated October 17, 2014. (Doc. # 15.) Although the objections are untimely (even under the mailbox rule), the court considers them and finds them to be without merit. Therefore, after careful consideration of the record in this case, the magistrate judge's report and recommendation and petitioner's objections thereto, the court hereby RE-ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge that the petition for writ of habeas corpus be denied.

A separate order in conformity with this Memorandum Opinion will be entered contemporaneously herewith.


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