Anderson v. Kendall et al (MAG+), No. 2:2023cv00204 - Document 26 (M.D. Ala. 2024)
Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 03/21/2024. (GGN)
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Anderson v. Kendall et al (MAG+) Doc. 26 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION CLARENCE ANDERSON III, ) ) ) ) ) ) ) ) ) ) Petitioner, v. HONORABLE FRANK KENDALL, Secretary, et al., Respondents. CIVIL ACTION NO. 2:23cv204-MHT (WO) OPINION Pursuant to 28 U.S.C. § 1361, petitioner filed a request for mandamus relief seeking the dismissal of military criminal respondents charges moved to or dismiss. a new This trial. lawsuit The is now before the court on the recommendation of the United States Magistrate Judge that the motion to dismiss be granted, several defendants be dismissed pursuant to Rule 21 of the Federal Rules of Civil Procedure, and this action be dismissed with prejudice. filed makes a response clear to that the he recommendation does not Petitioner in object which to he the Dockets.Justia.com recommendation, but requests that the court opine on several legal conviction he questions challenges. address those issues. 103, 108 pursuant (1969) to related the court military declines to See Golden v. Zwickler, 394 U.S. (“(T)he Article The to III federal of the courts established Constitution render advisory opinions.”) (citation omitted). do not After an independent and de novo review of the record, the court concludes that the magistrate judge’s recommendation should be adopted. An appropriate judgment will be entered. DONE, this the 21st day of March, 2024. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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