Brown v. Hollingsworth

Filing 9

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 4/14/2014. (PSM)

FILED
2014 Apr-14 AM 10:30
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
ROBERT JOSEPH BROWN,
Petitioner,
v.
WILLIAM E. HOLLINGSWORTH, III, Circuit
Judge for the 29th Judicial Circuit, Talladega,
Alabama,
Respondent.

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1:14-cv-0428-AKK-JEO

MEMORANDUM OPINION
Robert Joseph Brown is an Alabama state prisoner, inmate number 240187, confined at
the Bullock Correctional Facility in Union Springs, Alabama. Acting pro se, Brown initiated this
action by filing a pre-printed complaint form for use by prisoners, generally to assert civil rights
claims pursuant to 42 U.S.C. § 1983. (Doc.1 1). On March 31, 2014, the magistrate judge
entered a report recommending that the action be dismissed without prejudice for lack of
jurisdiction because Brown’s pleading is, in substance, a successive petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254. (Doc. 7). Brown has since filed a one page document that
the court treats as an objection to the magistrate judge’s report and recommendation. (Doc. 8).
Having carefully reviewed and considered de novo all the materials in the court file,
including the findings and recommendation of the magistrate judge and Brown’s response
thereto, the court is of the opinion that the magistrate judge’s report is due to be and is hereby

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References herein to “Doc(s). __” are to the document numbers assigned by the Clerk of
the Court to the pleadings, motions, and other materials in the court file, as reflected on the
docket sheet in the court’s Case Management/Electronic Case Files (“CM/ECF”) system.

ADOPTED and his recommendation is ACCEPTED. To the extent that Brown’s response is
construed to raise objections to the magistrate judge’s report, such objections are OVERRULED.
Accordingly, this action is due to be DISMISSED WITHOUT PREJUDICE for want of
jurisdiction. A separate final order will be entered.
DONE, this the 14th day of April, 2014.

________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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