Draper v. Gordy et al

Filing 8

MEMORANDUM OPINION ADOPTING and ACCEPTING the 6 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 11/30/2017. (JLC)

FILED
2017 Nov-30 AM 10:57
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CHARLES EDWARD DRAPER,
Petitioner,
vs.
WARDEN GORDY; et al.,
Respondents.

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Case No. 2:17-cv-1542-VEH-TMP

MEMORANDUM OPINION
The magistrate judge filed his report and recommendation on November 7, 2017,
recommending dismissal of petitioner's 28 U.S.C. § 2254 petition for habeas corpus
relief. (Doc. 6). Petitioner filed objections to the report and recommendation. (Doc. 7).
Having now carefully considered de novo all the materials in the court file, including the
report and recommendation and the objections, the court is of the opinion that the
magistrate judge's report is due to be ADOPTED and the recommendation
ACCEPTED.
It is therefore ORDERED that the claim for habeas corpus relief pursuant to 28
U.S.C. § 2254 in the above-styled cause be and hereby is DISMISSED WITHOUT
PREJUDICE for lack of jurisdiction.

DONE the 30th day of November, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge