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, )

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