Malloy v. United States of America et al, No. 4:2013cv01777 - Document 17 (N.D. Ala. 2014)

Court Description: MEMORANDUM OPINION, as set out. Signed by Judge Sharon Lovelace Blackburn on 11/3/14. (CTS, )

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Malloy v. United States of America et al Doc. 17 FILED 2014 Nov-03 AM 10:02 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION ARTHUR BRENNAN MALLOY, Petitioner, vs. UNITED STATES OF AMERICA, et al., Respondents. ) ) ) ) ) ) ) ) ) ) Case No. 4:13-cv-01777-SLB-TMP MEMORANDUM OPINION On October 17, 2014, the magistrate judge filed his Report and Recommendation in the above-styled cause, recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2241 be dismissed without prejudice. Arthur Brennan Malloy (“Petitioner”) filed his objections to the Report and Recommendation on October 28, 2014. Having now 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 report is due to be and hereby is ADOPTED, and the recommendation is ACCEPTED. Consequently, the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 in the above-styled cause is due to be DISMISSED WITHOUT PREJUDICE because the court is without jurisdiction to adjudicate the petitioner’s claims. An order of final judgment will be entered contemporaneously herewith. DATED the 3rd day of November, 2014. SHARON LOVELACE BLACKBURN UNITED STATES DISTRICT JUDGE 2

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