Layton v. Wise et al

Filing 17

MEMORANDUM OPINION-re:R&R 13 . The court hereby adopts and approves the findings and recommendations of the magistrate judge as the findings and conclusions of this court. Signed by Judge Robert B Propst on 10/9/2013. (AVC)

FILED
2013 Oct-09 AM 10:32
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DOUGLAS WILLIAM LAYTON, JR.,
Petitioner,
v.
DAVID J. WISE and THE
ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,

)
)
)
)
) Civil Action Number: 2:10-cvB02397-RBP
)
)
)
)
)

Respondents.
MEMORANDUM OPINION
On August 27, 2013, the magistrate judge entered a Report and Recommendation, doc. 13,
recommending the petition for writ of habeas corpus be dismissed with prejudice. On September
16, 2013, Petitioner filed a motion to dismiss without prejudice, contending he could not prepare
timely objections because he did not have access to the law library. Doc. 14. The court denied
Petitioner’s motion, but provided him fourteen additional days to file objections. Doc. 15. On
October 1, 2013, the court received an “informal letter” from Petitioner in which he explains he no
longer will be pursuing motions in this court and requests this action be dismissed without prejudice
pursuant to Federal Rule of Civil Procedure 41(a)(2). Doc. 16. Petitioner’s motion to dismiss
without prejudice is due to be denied. Rule 41 does provide for dismissal without prejudice under
certain circumstances, but such circumstances do not exist in this case. Petitioner did not file
objections to the report and recommendation.
The court has considered the report and recommendation, and has reached an independent
conclusion that the report and recommendation is due to be adopted and approved.

Accordingly, the court hereby adopts and approves the findings and recommendation of the
magistrate judge as the findings and conclusions of this court. The petition for writ of habeas corpus
is due to be DISMISSED. A separate Order will be entered.
DONE this 9th day of October, 2013.

ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE