Villar v. Attorney General of the State of Alabama, The

Filing 10

MEMORANDUM OPINION. Signed by Judge R David Proctor on 11/21/2017. (KAM, )

FILED
2017 Nov-21 PM 02:03
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM HERBERT VILLAR,
Petitioner,
v.
WARDEN and the ATTORNEY
GENERAL OF THE STATE OF
ALABAMA,
Respondents.

)
)
)
)
)
)
)
)
)
)
)

2:15-cv-1243-RDP-JEO

MEMORANDUM OPINION
This is a habeas corpus action filed by Petitioner William Herbert Villar, an
Alabama state prisoner acting pro se. (Doc. #1). Villar’s petition, nominally filed
pursuant to the general habeas statute, 28 U.S.C. § 2241, challenges criminal
convictions and sentences entered in 2005 by the Circuit Court of Mobile County,
Alabama. On November 3, 2017, the Magistrate Judge to whom the case is
referred entered a Report and Recommendation (“R&R”) pursuant to 28 U.S.C. §
636(b)(1)(B), recommending that Villar’s habeas petition be construed as being
subject to 28 U.S.C. § 2254 and dismissed for lack of jurisdiction as successive
under 28 U.S.C. § 2244(b). (Doc. #9). No objections to the R&R were filed, and
the time in which to do so has now expired.

Having carefully reviewed and considered de novo all the materials in the
court file, including the Magistrate Judge’s Report and Recommendation, the court
is of the opinion that the Magistrate Judge’s findings are due to be and are hereby
ADOPTED and his recommendation is ACCEPTED. As a result, the petition for
writ of habeas corpus is due to be DISMISSED WITHOUT PREJUDICE, for
lack of jurisdiction. A separate final order will be entered.
Signed this

21st

day of November, 2017.

__________________________
R. DAVID PROCTOR
UNITED STATES DISTRICT
JUDGE

2