McClain v. Stamper et al (INMATE 1)

Filing 41

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 7/18/2016. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION NAKIA MELVIN McCLAIN, ) ) Petitioner, ) ) v. ) ) UNITED STATES OF AMERICA ) and WARDEN DENNIS STAMPER, ) ) Respondents. ) CIVIL ACTION NO. 2:15cv716-MHT (WO) OPINION Pursuant to 28 U.S.C. § 2241, petitioner, a federal inmate, filed this lawsuit seeking habeas relief. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that petitioner’s motion to dismiss be granted and that this case be dismissed without prejudice to allow the petitioner an opportunity to pursue his claims in a second 28 U.S.C. § 2255 motion in the United States District Court for the Northern District of Florida. 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. An appropriate judgment will be entered. DONE, this the 18th day of July, 2016. /s/ Myron H. Thompson____ UNITED STATES DISTRICT JUDGE

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