Roberts v. Boothe

Filing 24

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 10/29/13. (ASL)

FILED
2013 Oct-29 PM 01:15
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JOHNNY RAY ROBERTS,
Petitioner,
v.
CAROLYN BOOTHE, ADMINISTRATOR OF
THE ESTATE OF RUSSELL K. ADAMS,
SHELBY COUNTY, ALABAMA,
Respondents.

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2:13-cv-1819-MHH-JEO

MEMORANDUM OPINION
This is a habeas corpus case. Petitioner Johnny Ray Roberts originally filed his petition in
the United States District Court for the Middle District of Alabama. Mr. Roberts, an Alabama state
prisoner acting pro se, relies on the general habeas statute, 28 U.S.C. § 2241. The action was
transferred to this court pursuant to 28 U.S.C. § 2241(d). On October 18, 2013, the magistrate judge
entered a report in which he recommended that the Court dismiss the action without prejudice for
lack of jurisdiction. (Doc. 22). Petitioner timely filed objections to the report and recommendation.
(Doc. 23).
Having carefully reviewed and considered de novo all the materials in the court file,
including the magistrate judge’s report and recommendation and Mr. Roberts’s objections to the
report and recommendation, the Court ADOPTS the magistrate judge’s report and ACCEPTS his
recommendation. The Court overrules Mr. Roberts’s objections to the report. The magistrate
judge’s report adequately addresses Mr. Roberts’s arguments. Accordingly, this action is due to be
DISMISSED WITHOUT PREJUDICE, for lack of jurisdiction. A separate final judgment will
be entered.

DONE and ORDERED this 29th day of October, 2013.

MADELINE HUGHES HAIKALA
U.S. MAGISTRATE JUDGE

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