McCall v. Monroe, Alabama, No. 5:2018cv00963 - Document 4 (N.D. Ala. 2018)
Court Description: MEMORANDUM OPINION - The magistrate judge filed a report and recommendation on July 5, 2018, recommending the petition for habeas corpus relief, filed by Leon McCall under 28 U.S.C. § 2241, be construed as a petition for relief under 28 U.S.C. § 2254 and dismissed,(Doc. 3). The court is of the opinion that the magistrate judges report is due to be ADOPTED and the recommendation ACCEPTED. Signed by Judge Virginia Emerson Hopkins on 8/9/2018. (KWC)
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McCall v. Monroe, Alabama Doc. 4 FILED 2018 Aug-09 PM 02:08 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION LEON McCALL, Petitioner, v. MONROE, ALABAMA, Respondent. ) ) ) ) ) Case No. 5:18-cv-00963-VEH-HNJ ) ) ) ) MEMORANDUM OPINION The magistrate judge filed a report and recommendation on July 5, 2018, recommending the petition for habeas corpus relief, filed by Leon McCall under 28 U.S.C. § 2241, be construed as a petition for relief under 28 U.S.C. § 2254 and dismissed. (Doc. 3). No objections to the report and recommendation have been filed. Having now carefully considered de novo all of the material 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 ADOPTED and the recommendation ACCEPTED. It is therefore ORDERED that the petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 in the above-styled cause be and hereby is DISMISSED WITHOUT PREJUDICE. The petitioner’s motion to proceed in forma pauperis is DENIED as MOOT. Dockets.Justia.com DONE this 9th day of August, 2018. VIRGINIA EMERSON HOPKINS United States District Judge
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