Hoyle v. United States of America (INMATE 3), No. 7:2021cv01470 - Document 24 (N.D. Ala. 2022)

Court Description: MEMORANDUM OPINION AND ORDER - Having considered the record in this case, the Court adopts the Magistrate Judge's report and accepts his recommendation. Consistent with that recommendation, by separate order, the Court will dismiss Ms. Hoyle's 28 U.S.C. § 2241 petition without prejudice. The Court denies Ms. Hoyle's request for appointment of an attorney. Signed by Judge Madeline Hughes Haikala on 6/10/2022. (KEK)

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Hoyle v. United States of America (INMATE 3) Doc. 24 FILED 2022 Jun-10 AM 10:44 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION MELISSA KELLY HOYLE, Petitioner, v. WARDEN OF FCI ALICEVILLE, Respondent. ) ) ) ) ) ) ) ) ) Case No. 7:21-cv-01470-MHH-HNJ MEMORANDUM OPINION AND ORDER On May 11, 2022, the Magistrate Judge entered a report in which he recommended that the Court deny petitioner Melissa Kelly Hoyle’s motion for hardship credit and dismiss this habeas proceeding without prejudice. (Docs. 21, 23). The Magistrate Judge also recommended that the Court deny Ms. Hoyle’s request for appointment of an attorney. (Doc. 23, p. 16). Neither party has filed objections to the report. Having considered the record in this case, the Court adopts the Magistrate Judge’s report and accepts his recommendation. Consistent with that recommendation, by separate order, the Court will dismiss Ms. Hoyle’s 28 U.S.C. Dockets.Justia.com § 2241 petition without prejudice. 1 The Court denies Ms. Hoyle’s request for appointment of an attorney. DONE and ORDERED this June 10, 2022. _________________________________ MADELINE HUGHES HAIKALA UNITED STATES DISTRICT JUDGE 1 In his report, the Magistrate Judge explained to Ms. Hoyle that she may pursue her allegations regarding prison conditions in a Bivens action after she exhausts her administrative remedies. (Doc. 23, pp. 13, 16 & n.8). 2

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