Howell v. Kimberly

Filing 13

MEMORANDUM OPINION: Mr. Howell's failure to file specific objections waives any challenge to the proposed findings and recommendations. In light of the proposed findings, the court agrees with the proposed recommendation. The court therefore ADOPTS the magistrate judge's report and ACCEPTS her recommendation. The court WILL DENY Mr. Howell's § 2241 petition. Signed by Judge Annemarie Carney Axon on 3/6/2025. (CLC)

FILED
2025 Mar-06 AM 11:00
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
DERRICK LASHON HOWELL,
Petitioner,
v.
MELISSA KIMBERLY, Warden,
Respondent.

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Case No. 1:23-cv-01011-ACA-SGC

MEMORANDUM OPINION
In April 2024, the magistrate judge entered an order advising Petitioner
Derrick Lashon Howell that the case was ripe for summary disposition, giving him
an opportunity to present any additional evidence, and ordering him to respond to
Defendant Melissa Kimberly’s legal arguments. (Doc. 11). Mr. Howell did not
respond. In February 2025, the magistrate judge entered a report recommending that
this court deny Petitioner Derrick Lashon Howell’s 28 U.S.C. § 2241 petition for
writ of habeas corpus. (Doc. 12). Although the report advised the parties of the right
to file specific written objections and of the consequences of failing to object (id. at
9–11), the court has not received any objections. The deadline to object has expired.
Mr. Howell’s failure to file specific objections waives any challenge to the
proposed findings and recommendations. See 28 U.S.C. § 636(b)(1); 11th Cir. R. 31. In light of the proposed findings, the court agrees with the proposed

recommendation. The court therefore ADOPTS the magistrate judge’s report and
ACCEPTS her recommendation. The court WILL DENY Mr. Howell’s § 2241
petition.
The court will enter a separate final order consistent with this opinion.
DONE and ORDERED this March 6, 2025.

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ANNEMARIE CARNEY AXON
UNITED STATES DISTRICT JUDGE

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