Cooley v. Beshear, No. 1:2019cv00202 - Document 23 (S.D. Ala. 2020)

Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 20 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Jesse Cooley, Jr. and 11 MOTION to Dismiss filed by Director of Mental Health. It is ORDERED that Lynn T. Beshear, Commissioner of Alabama Departm ent of Mental Health, be substituted for Director of Mental Health for AltaPointe Health Systems and that 11 Motion to Dismiss is DENIED as moot. Also, 1 Petition for Writ of Habeas Corpus is DENIED and DISMISSED with prejudice as set out. Signed by District Judge Terry F. Moorer on 03/02/2020. (srd) Copy to Petitioner.

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Cooley v. Beshear Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JESSE COOLEY, JR., Petitioner, vs. DIRECTOR OF MENTAL HEALTH, AltaPointe Health Systems, Respondent. ) ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:19-cv-202-TFM-N MEMORANDUM OPINION AND ORDER On February 4, 2020, the Magistrate Judge entered a Report and Recommendation (Doc. 20), to which no objections have been filed. After due and proper consideration of the issues raised, the Report and Recommendation is ADOPTED as the opinion of the Court. Accordingly, it is ORDERED as follows: 1. Lynn T. Beshear, Commissioner of the Alabama Department of Mental Health, is substituted for the Director of Mental Health for AltaPointe Health Systems as the Respondent in this action under Rule 2(a) of the Rules Governing § 2254 Cases in the United States District Courts. 2. The AltaPointe Director’s request for dismissal construed as a Motion to Dismiss (Doc. 11) is DENIED as moot. 3. Petitioner Jesse Cooley Jr.’s Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 (Doc. 1) is DENIED on the merits and DISMISSED with prejudice. Final judgment shall issue separately in accordance with this order and Federal Rule of Civil Procedure 58. Page 1 of 2 Dockets.Justia.com DONE and ORDERED this 2nd day of March, 2020. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2

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