Crowder v. Forniss et al

Filing 20

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 3/12/14. (SAC, )

FILED
2014 Mar-12 AM 10:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JAMES ANTHONY CROWDER,
Petitioner,
v.
LEON FORNISS, Warden; and THE
ATTORNEY GENERAL FOR THE
STATE OF ALABAMA,
Respondents.

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Case No. 2:13-cv-00118-KOB-PWG

MEMORANDUM OPINION
The magistrate judge filed a report and recommendation on February 19, 2014,
recommending that the court dismiss this petition for writ of habeas corpus for lack of subject matter
jurisdiction. (Doc. 18). On March 5, 2014, the Petitioner filed a pleading styled as “Petitioner
Recommendation and Right to Object.” (Doc. 19). The court will treat this filing as an objection
to the magistrate judge’s report and recommendation or, in the alternative, as a motion to grant his
habeas relief.
Having carefully reviewed and considered de novo all the materials in the court file, including
the magistrate judge’s report and recommendation and what the court construes as the Petitioner’s
objections, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation to
dismiss the petition for writ of habeas corpus for lack of subject matter jurisdiction.
The court finds that to the extent that the Petitioner’s objections (doc. 19) are
comprehensible, they either repeat the arguments previously asserted or have no relevance to the
issues presented. As such, this court finds that his objections to the report and recommendation are
due to be and hereby are OVERRULED. To the extent that the court construes the Petitioner’s

filing as a motion to grant his habeas relief, it is due to be and hereby is DENIED.
Accordingly, the court finds that the petition for writ of habeas corpus is due to be
DISMISSED for lack of subject matter jurisdiction. The court will enter a separate Final Judgment
Order.
DONE and ORDERED this 12th day of March, 2014.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE