Means v. Strange et al
Filing
5
MEMORANDUM OPINION - After careful consideration of the record in this case, including the magistrate judges report and the absence of objections, the court hereby ADOPTS the report of the magistrate judge and ACCEPTS his recommendations. In accordan ce with the recommendation, the court finds that the petition in this matter should be dismissed without prejudice for failure to prosecute and because the court lacks jurisdiction to adjudicate the petitioners claims. Signed by Chief Judge Karon O Bowdre on 7/10/2018. (KEK)
FILED
2018 Jul-10 PM 12:23
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CLAY MEANS,
Petitioner,
v.
LUTHER L. STRANGE, et al.,
Respondents.
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Case No. 2:18-cv-00329-KOB-TMP
MEMORANDUM OPINION
On May 8, 2018, the magistrate judge entered a report recommending the
court dismiss the petition without prejudice for failure to prosecute and because the
court lacks jurisdiction to adjudicate the petitioner’s claims because it is a
successive claim. (Doc. 4). Although the magistrate judge advised the petitioner
of his right to file specific written objections within fourteen days, the court has
received no objections.
After careful consideration of the record in this case, including the
magistrate judge’s report and the absence of objections, the court hereby ADOPTS
the report of the magistrate judge and ACCEPTS his recommendations.
In
accordance with the recommendation, the court finds that the petition in this matter
should be dismissed without prejudice for failure to prosecute and because the
court lacks jurisdiction to adjudicate the petitioner’s claims.
The court will enter a separate Order.
The court DIRECTS the Clerk to serve a copy of this Memorandum Opinion
on the petitioner.
DONE and ORDERED this 10th day of July, 2018.
____________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE
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