Draper v. Gordy et al, No. 2:2017cv01542 - Document 8 (N.D. Ala. 2017)

Court Description: MEMORANDUM OPINION ADOPTING and ACCEPTING the 6 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 11/30/2017. (JLC)
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Draper v. Gordy et al Doc. 8 FILED 2017 Nov-30 AM 10:57 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION CHARLES EDWARD DRAPER, Petitioner, vs. WARDEN GORDY; et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 2:17-cv-1542-VEH-TMP MEMORANDUM OPINION The magistrate judge filed his report and recommendation on November 7, 2017, recommending dismissal of petitioner's 28 U.S.C. § 2254 petition for habeas corpus relief. (Doc. 6). Petitioner filed objections to the report and recommendation. (Doc. 7). Having now carefully considered de novo all the materials in the court file, including the report and recommendation and the objections, the court is of the opinion that the magistrate judge's report is due to be ADOPTED and the recommendation ACCEPTED. It is therefore ORDERED that the claim for habeas corpus relief pursuant to 28 U.S.C. § 2254 in the above-styled cause be and hereby is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. Dockets.Justia.com DONE the 30th day of November, 2017. VIRGINIA EMERSON HOPKINS United States District Judge