Miller v. Jones et al (INMATE 3)

Filing 24

ORDER: it is ORDERED that the 23 Recommendation is ADOPTED and that Petitioner Bernard Miller's 1 28 USC 2254 petition for habeas relief is DISMISSED AS MOOT since a more favorable decision on the merits would not entitle Mr. Miller to any additional relief; Final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 8/9/2018. (alm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
BERNARD MILLER,
Petitioner,
v.
KARLA JONES, Warden, and
STEVEN T. MARSHALL,
Attorney General of the State of
Alabama,
Respondents.

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CASE NO. 1:16-CV-552-WKW
[WO]

ORDER1
On July 5, 2018, the Magistrate Judge filed a Recommendation to which no
timely objections have been made. (Doc. # 23.) Upon an independent review of
the record and upon consideration of the Recommendation, it is ORDERED that
the Recommendation (Doc. # 23) is ADOPTED and that Petitioner Bernard
Miller’s 28 U.S.C. § 2254 petition for habeas relief (Doc. # 1) is DISMISSED AS
MOOT since a more favorable decision on the merits would not entitle Mr. Miller
to any additional relief.

1

By operation of Federal Rule of Civil Procedure 25(d), Steven T. Marshall has been
“automatically substituted as a party” for the former Attorney General, Luther Strange.

Final judgment will be entered separately.
DONE this 9th day of August, 2018.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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