Williams v. Rathman, No. 1:2012cv01112 - Document 10 (N.D. Ala. 2014)

Court Description: MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 4/22/2014. (JLC)

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FILED 2014 Apr-22 PM 04:16 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION ANTHONY GREG WILLIAMS, Petitioner, v. JOHN T. RATHMAN, Respondent. ) ) ) ) ) ) ) ) ) CASE NO.: 1:12-CV-1112-VEH-JHE MEMORANDUM OPINION This case is a petition for a writ of habeas corpus brought by the petitioner pursuant to 28 U.S.C. ยง 2241. The respondent s answer to the petition was treated by the court as a motion for summary judgment. (Docs. 4, 5). The magistrate judge filed a report and recommendation on April 2, 2014, recommending that the defendant s motion for summary judgment be granted and this cause be dismissed. (Doc. 9 at 9). No objections have been filed by any party. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court is of the opinion that the magistrate judge s report is due to be and is hereby ADOPTED and his recommendation is ACCEPTED. The Court EXPRESSLY FINDS that there are no genuine issues of material fact and that the defendants are entitled to judgment as a matter of law. Accordingly, defendants motion for summary judgment is due to be GRANTED and the petition for writ of habeas corpus is due to be DISMISSED WITH PREJUDICE. A Final Judgment will be entered. DONE this the 22nd day of April, 2014. VIRGINIA EMERSON HOPKINS United States District Judge 2

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