Hill v. Rathman
MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 3/22/2017. (KEK)
2017 Mar-22 PM 04:17
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
W. T. TAYLOR, Warden,
Case No. 1:14-cv-00477-MHH-TMP
On March 2, 2017, the magistrate judge entered a report in which he
recommended that the Court dismiss petitioner Jeffrey Hill’s 28 U.S.C. § 2241
petition for writ of habeas corpus for lack of jurisdiction.
magistrate judge advised the parties of their right to file specific written objections
within fourteen (14) days. To date, neither party has filed objections to the report
and recommendation. (Doc. 14, pp. 12-13).
A district court “may accept, reject, or modify, in whole or part, the findings
or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). A
district court reviews legal conclusions in a report de novo and reviews for plain
error factual findings to which no objection is made. Garvey v. Vaughn, 993 F.2d
776, 779 n. 9 (11th Cir. 1993); see also LoConte v. Dugger, 847 F.2d 745, 749
(11th Cir. 1988); Macort v. Prem, Inc., 208 Fed. Appx. 781, 784 (11th Cir. 2006).1
Having reviewed the materials in the Court file, including the report and
recommendation, the Court finds no misstatements of law in the report and no
plain error in the magistrate judge’s description of the relevant facts. Therefore,
the Court adopts the magistrate judge’s report and accepts his recommendation that
the Court dismiss Mr. Hill’s petition without prejudice. The Court will enter a
separate final order.
DONE and ORDERED this March 22, 2017.
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE
When a party objects to a report in which a magistrate judge recommends dismissal of the
action, a district court must “make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28 U.S.C. §§
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