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)

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

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