Flippo v. Garrett, No. 7:2020cv01298 - Document 14 (N.D. Ala. 2020)
Court Description: MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 12/29/2020. (MEB2)
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Flippo v. Garrett Doc. 14 FILED 2020 Dec-29 AM 09:26 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION DANA MICHELLE FLIPPO, ) ) ) ) ) ) ) ) ) Petitioner, v. WARDEN CHAD GARRETT, Respondent. Case No. 7:20-cv-1298-LSC-GMB MEMORANDUM OPINION On November 23, 2020, the Magistrate Judge entered a report recommending that the court dismiss Petitioner Dana Michelle Flippo’s 28 U.S.C. § 2241 petition for writ of habeas corpus. Doc. 12. Petitioner objects to the report and recommendation on the basis that § 2241 is the correct avenue to challenge her confinement and asks that the court grant the petition because she faces a risk of severe illness from COVID-19 based on her medical condition. Doc. 13. The court OVERRULES Petitioner’s objections. First, the Magistrate Judge found that Petitioner’s filing was properly considered to be a § 2241 petition. Doc. 12 at 4. Second, the Magistrate Judge correctly concluded that Petitioner is not entitled to habeas relief. Doc. 12 at 6–8. Accordingly, the court ADOPTS the report and ACCEPTS the recommendation to dismiss Petitioner’s § 2241 petition without prejudice. 1 Dockets.Justia.com The court will enter a separate final order consistent with this opinion. DONE and ORDERED on December 29, 2020. _____________________________ L. Scott Coogler United States District Judge 160704 2
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