Johnson v. Holder et al

Filing 17

ORDER that the Court is of the opinion that the Magistrate Judge's Report is hereby ADOPTED, and the Recommendation is ACCEPTED. Consequently, the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2241 in the above-styled cause is due to be and the same is hereby DENIED and DISMISSED WITH PREJUDICE. Signed by Judge James H Hancock on 8/17/2012. (JLC)

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FILED 2012 Aug-17 PM 01:18 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION WILLIAMS JOHNSON, Petitioner, vs. ERIC H. HOLDER, JR., et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 4:12-cv-00087-JHH-TMP ORDER On June 28, 2012, the magistrate judge filed his report and recommendation in the above-styled cause, recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2241 be denied and dismissed. On June 29, 2012, the petitioner filed a motion for extension of time to file a response or reply to the government’s motion to dismiss the petition as moot. (Doc. 14). The court granted the extension and on July 7, 2012, the petitioner filed his response. (Doc. 16). The petitioner’s response concedes that he has been released from detention, but seeks the “necessary relief the petitioner Williams Johnson may deserve.” The court has reviewed the subject petition and concludes that the petitioner has received the precise relief he sought in the petition – release from custody. Having now carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the report is due to be and hereby is ADOPTED, and the recommendation is ACCEPTED. Consequently, the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 in the above-styled cause is due to be and the same is hereby DENIED and DISMISSED WITH PREJUDICE. DONE this the 17th day of August, 2012. SENIOR UNITED STATES DISTRICT JUDGE

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