McClain v. Stamper et al (INMATE 1)

Filing 42

ORDER: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 40 Recommendation is adopted. (2) The petitioner's 39 Motion to Dismiss is granted. (3) The 1 28 U.S.C. § 2241 petitio n for writ of habeas corpus is dismissed without prejudice, with no costs taxed. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. Signed by Honorable Judge Myron H. Thompson on 7/18/2016. (Attachments: # 1 Civil Appeals Checklist)(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)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The

United

States

Magistrate

Judge's

recommendation (doc. no. 40) is adopted.
(2) The petitioner’s motion to dismiss (doc. no.
39) is granted.
(3) The
habeas

28

corpus

U.S.C.
(doc.

§

2241

no.

1)

petition
is

for

dismissed

writ

of

without

prejudice, with no costs taxed.
The clerk of the court is DIRECTED to enter this

document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
DONE, this the 18th day of July, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE