Parsons v. Franklin County Jail, No. 3:2019cv02129 - Document 5 (N.D. Ala. 2020)

Court Description: MEMORANDUM OPINION ADOPTING and ACCEPTING the 3 Magistrate Judge's Report and Recommendation. Signed by Judge Karon O Bowdre on 3/9/2020. (JLC)

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Parsons v. Franklin County Jail Doc. 5 FILED 2020 Mar-09 PM 01:59 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHWESTERN DIVISION WALTER ANDREW PARSONS, Petitioner, v. FRANKLIN COUNTY JAIL, Respondent. ) ) ) ) ) ) ) ) ) Case No.: 3:19-cv-02129-KOB-JHE MEMORANDUM OPINION On February 11, 2020, the magistrate judge entered a Report and Recommendation, (doc. 3), recommending that the petition for writ of habeas corpus be dismissed without prejudice for failure to prosecute. No objections have been filed. 1 The court has considered the entire file in this action, together with the report and recommendation, and has reached an independent conclusion that the report and recommendation is due to be adopted and approved. Accordingly, the court hereby adopts and approves the findings and recommendation of the magistrate judge as the findings and conclusions of this court. The petition for writ of habeas corpus is due to be DISMISSED WITHOUT PREJUDICE. A separate Order will be entered. 1 On March 4, 2020, the court received an undated letter from the petitioner postmarked March 2, 2020—nearly three weeks after the deadline to object to the R&R. (Docs. 4 & 4-1). In that letter, the petitioner indicates he sent a check for $5.00 (the filing fee for this action) “with the paperwork that was mailed.” (Doc. 4). The court has not received the petitioner’s filing fee, nor has the court received a petition that complies with the instructions in the magistrate judge’s notice of deficient pleading, (doc. 2). Dockets.Justia.com DONE and ORDERED this 9th day of March, 2020. ____________________________________ KARON OWEN BOWDRE UNITED STATES DISTRICT JUDGE 2

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