Butler v. State of Alabama

Filing 5

ORDER: The court ADOPTS report, ACCEPTS the recommendation and DISMISSES this case WITHOUT PREJUDICE petitioner's failure to prosecute his claims. Signed by Judge Corey L Maze on 9/24/2024. (AHI)

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FILED 2024 Sep-24 AM 10:32 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHWESTERN DIVISION TEDDY BUTLER, JR., Petitioner, v. Case No. 3:24-cv-931-CLM-JHE STATE OF ALABAMA, Respondent. ORDER OF DISMISSAL Petitioner Teddy Butler, Jr. filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254, challenging his probation revocation. 1 (Doc. 1). The magistrate judge has entered a report, recommending the court dismiss this case under Federal Rule of Civil Procedure 41(b) based on Mr. Butler’s failure to prosecute his claims. (Doc. 4). The magistrate judge advised Mr. Butler of his right to file objections within 14 days, but the court has not received any objections within the prescribed time. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation. So the court DISMISSES this case WITHOUT PREJUDICE under Federal Rule of Civil Procedure 41(b) based on Mr. Butler’s failure to prosecute his claims. The court DIRECTS the Clerk of Court to close this case. Mr. Butler says he brings his petition under 28 U.S.C. § 2255. (Doc. 1). But § 2255 permits a federal prisoner to move to vacate, set aside, or correct a federal sentence. See 28 U.S.C. § 2255. Mr. Butler does not appear to be in federal custody and is challenging his confinement based on a state probation violation. (Doc. 1). 1 The court further DIRECTS the Clerk to send a copy of this order of dismissal to Mr. Butler at his address of record. Done and Ordered on September 24, 2024. _________________________________ COREY L. MAZE UNITED STATES DISTRICT JUDGE 2

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