Hayden v. Hale

Filing 28

MEMORANDUM OPINION adopting and approving the findings and recommendation of the Magistrate Judge as the findings and conclusions of this Court. Signed by Judge Virginia Emerson Hopkins on 8/17/2017. (JLC)

FILED
2017 Aug-17 PM 05:10
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
STEVEN MARK HAYDEN,
Petitioner,
v.
MIKE HALE,
Respondent.

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) Case Number: 2:16-cv-01984-VEH-JHE
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MEMORANDUM OPINION

On August 1, 2017, the magistrate judge entered a Report and Recommendation, (doc. 25),
recommending that the petition for writ of habeas corpus be dismissed without prejudice, that
Petitioner’s motion to consolidate, (doc. 7) be denied as moot, and that Petitioner’s motion for a
preliminary injunction, (doc. 11), be denied. No objections have been filed, although Petitioner has
filed a document entitled “Response to Magistrates R and R” in which he states “I have received
enough relief from NDAL . . . I ask nothing more from NDAL.”1 (Doc. 27 at 2). The court has
considered the entire file in this action, together with 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 without prejudice, and the motions are due to be denied as set out in the
report and recommendation. A separate Order will be entered.

1

Even if this document contained objections, they would have been untimely. Petitioner’s
objections were due by August 16, 2017; the “Response” was received by the Court on August
17, 2017. (See doc. 27 at 9).

DONE and ORDERED this 17th day of August, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge

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