Demetrius v. Cook, No. 1:2020cv00136 - Document 19 (S.D. Ala. 2022)
Court Description: MEMORANDUM OPINION AND ORDER ADOPTING 18 Report and Recommendation. This action is DISMISSED without prejudice. Signed by District Judge Terry F. Moorer on 11/16/2022. Copy to Plt. (fz)
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Demetrius v. Cook Doc. 19 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JAMES FREDDIE DEMETRIUS, AIS #311580, Petitioner, vs. MARY COOK, Warden Respondent. JAMES FREDDIE DEMETRIUS, AIS #311580, Petitioner, vs. MARY COOK, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIV. ACT. NO. 1:20-cv-136-TFM-N CIV. ACT. NO. 1:20-cv-430-TFM-N MEMORANDUM OPINION AND ORDER On October 17, 2022, the Magistrate Judge entered a report and recommendation which recommends this consolidated habeas action be dismissed without prejudice as moot or alternatively pursuant to Rule 41(b) for failure to prosecute. See Doc. 18. No objections were filed. Accordingly, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge is ADOPTED and this action is DISMISSED without prejudice. The Court Page 1 of 2 Dockets.Justia.com also finds that Demetrius is not entitled to either a Certificate of Appealability or to appeal in forma pauperis. Final judgment shall issue separately in accordance with this order and Fed. R. Civ. P. 58. DONE and ORDERED this16th day of November, 2022. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 2 of 2
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