Clegg v. Reynolds (INMATE 1)

Filing 12

OPINION. Signed by Honorable Judge Myron H. Thompson on 03/12/2015. (scn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

JEFFREY S. CLEGG,

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Plaintiff,
v.
SIBLEY G. REYNOLDS,
Defendant.

CIVIL ACTION NO.
2:14cv1200-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
inmate,

filed

this

lawsuit

complaining

that

Elmore

County Circuit Court Judge Sibley G. Reynolds violated
his

right

to

due

process

by

construing

his

habeas

petition as a Rule 32 petition and transferring it to
the circuit court in the county where he was convicted.
This

lawsuit

is

now

before

the

court

on

the

recommendation of the United States Magistrate Judge
that

plaintiff’s

case

be

dismissed.

objections to the recommendation.

There

are

no

After an independent

and de novo review of the record, the court concludes
that the magistrate judge’s recommendation should be

adopted, as plaintiff’s claim cannot proceed under 42
U.S.C. § 1983.
An appropriate judgment will be entered.
DONE, this the 12th day of March, 2015.
/s/ Myron H. Thompson___
UNITED STATES DISTRICT JUDGE