Wilson v. Toney et al, No. 7:2019cv01575 - Document 13 (N.D. Ala. 2019)

Court Description: MEMORANDUM OPINION - Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judges report is ADOPTED, and the recommendation is ACCEPTED. (Doc. 11 ). Therefore, this action is due to be dismissed without prejudice for lack of prosecution. A certificate of appealability is due to be denied. A separate order will be entered. Signed by Judge L Scott Coogler on 12/30/2019. (KEK)

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Wilson v. Toney et al Doc. 13 FILED 2019 Dec-30 PM 04:36 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION TEDDY WILSON, a/k/a Abasi Nyree Shabazz, Petitioner, v. WARDEN DEBORAH TONEY, et al., Respondents. ) ) ) ) ) ) ) ) ) ) Case No.: 7:19-cv-01575-LSC-SGC MEMORANDUM OPINION The magistrate judge entered a report on December 2, 2019, recommending this action be dismissed without prejudice for lack of prosecution. (Doc. 11). Although the magistrate judge advised the petitioner of his right to file specific written objections within fourteen (14) days, no objections have been received by the court. In fact, like two previous orders mailed to the petitioner, the U.S. Postal Service returned his copy of the report and recommendation as undeliverable. (Doc. 12; see Docs. 7, 10). The petitioner has not provided the court with his current address. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge’s report is ADOPTED, and the recommendation is ACCEPTED. (Doc. 11). Therefore, this action is due to be dismissed without prejudice for lack of prosecution. A certificate of appealability is due to be denied. A separate order will be entered. Dockets.Justia.com DONE and ORDERED on December 30, 2019. _____________________________ L. Scott Coogler United States District Judge 160704 2

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