Williams v. Wynne et al (INMATE 1)

Filing 17

ORDERING and ADJUDGING that the 7 REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED and that: (1) The plaintiff's 42 U.S.C. 1983 claims are DISMISSED pursuant to the directives of 28 U.S.C. 1915(e)(2)(B)(ii) and (iii); (2) u nder the unique circumstances of this case arising from the delayed transfer to this court, this case shall henceforth proceed as a 28 U.S.C.2254 petition for habeas corpus relief; (3) To the extent Williams seeks relief appropriate under 28 U.S.C. 2254, this case is referred back to the undersigned for appropriate proceedings. Signed by Honorable Judge Truman M. Hobbs on 9/29/11. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
MICHAEL WILLIAMS, AIS #113338,
Petitioner,
v.
BILL WYNNE, et al.,
Respondents.

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CIVIL ACTION NO. 2:11cv705-TMH

ORDER AND OPINION
On September 1, 2011, the Magistrate Judge filed a Recommendation in this case to
which no timely objections have been filed. (Doc. # 7). Upon an independent review of the
file in this case and upon consideration of the Recommendation of the Magistrate Judge, it
is
ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be
and is hereby ADOPTED and that:
1.

The plaintiff’s 42 U.S.C. § 1983 claims are DISMISSED pursuant to the

directives of 28 U.S.C. § 1915(e)(2)(B)(ii) and (iii).
2.

Under the unique circumstances of this case arising from the delayed transfer

to this court, this case shall henceforth proceed as a 28 U.S.C. § 2254 petition for habeas
corpus relief.
3.

To the extent Williams seeks relief appropriate under 28 U.S.C. § 2254, this

case is referred back to the undersigned for appropriate proceedings.

Done this the 29 th day of September, 2011.

/s/ Truman M. Hobbs
________________________________________
SENIOR UNITED STATES DISTRICT JUDGE

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