Sides v. Riley et al, No. 5:2013cv01815 - Document 13 (N.D. Ala. 2014)

Court Description: MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 06/23/14. (SPT )
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FILED 2014 Jun-23 PM 02:34 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION LYNDA ALMA SIDES, ) ) Petitioner, ) ) vs. ) ) JACK C. RILEY, and ) THE ATTORNEY GENERAL ) OF THE STATE OF ALABAMA, ) ) Respondents. ) Case No. 5:13-cv-01815-CLS-TMP MEMORANDUM OPINION The magistrate judge filed his Report and Recommendation (doc. no. 12) in the above-styled cause on June 3, 2014, recommending that the ยง 2254 petition for writ of habeas corpus challenging the constitutional validity of Petitioner s conviction be dismissed without prejudice because the court is without jurisdiction to adjudicate petitioner s claims. No objections to the report and recommendation were filed by either party. Having now carefully reviewed and considered de novo all materials in the court file relevant to the case, the court finds that the report is due to be, and it hereby is, ADOPTED, and the recommendation ACCEPTED. A separate final judgment will be entered. DONE and ORDERED this 23rd day of June, 2014. ______________________________ United States District Judge 2