Stout v. Amerson et al

Filing 10

MEMORANDUM OPINION ADOPTING 9 REPORT AND RECOMMENDATIONS that 1 Petition for Habeas Corpus be dismissed without prejudice. Signed by Judge Abdul K Kallon on 8/28/2015. Copy served on plff on this date. (YMB)

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FILED 2015 Aug-28 PM 02:33 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION EVERETT LEON STOUT, Petitioner, vs. LARRY AMERSON, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 1:15-cv-00141-AKK-TMP MEMORANDUM OPINION On August 5, 2015, the magistrate judge filed his Report and Recommendation in the abovestyled cause, recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2241 be dismissed without prejudice. To date, no objections have been filed by either party. Having now carefully reviewed and considered de novo all the materials in the court file, including the Report and Recommendation, the Court is of the opinion that the report is due to be and hereby is ADOPTED, and the recommendation is ACCEPTED. Consequently, the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 in the above-styled cause is due to be DISMISSED WITHOUT PREJUDICE. An order of final judgment will be entered contemporaneously herewith. DONE this the 28th day of August, 2015. ________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE

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