Rubis v. Rathman

Filing 13

MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 9/20/2016. (AHI)

FILED
2016 Sep-20 PM 02:37
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
EDWIN WALTER RUBIS,
Petitioner,
vs.
JOHN H. RATHMAN, Warden,
Respondent.

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Case No.: 1:13-cv-01576-CLS-SGC

MEMORANDUM OPINION
On August 15, 2016, the magistrate judge entered a report recommending the
petition filed in this case be recharacterized as a filing under 28 U.S.C. § 2255, and
that it be dismissed for lack of subject matter jurisdiction.1 The magistrate judge
further recommended that a certificate of appealability be denied. Petitioner was
given fourteen days to file any objections to the magistrate judge’s report and
recommendation. To date, no objection has been filed.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the court hereby ADOPTS the report of the magistrate
judge and ACCEPTS her recommendations. Accordingly, the court finds that the
petition is due to be dismissed and the request for a certificate of appealability is due

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Doc. no. 12.

to be denied.
A separate order will be entered.
DONE this 20th day of September, 2016.

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United States District Judge