Porter v. United States of America

Filing 5

MEMORANDUM OPINION as more fully set out therein. Signed by Judge C Lynwood Smith, Jr on 12/31/2015. (AHI)

FILED
2015 Dec-31 PM 12:04
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
TYRONE PORTER,
Petitioner,
vs.
UNITED STATES OF AMERICA,
Respondent.

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Case No. 4:15-cv-0908-CLS-JEO

MEMORANDUM OPINION
This case is before the court on a petition for a writ of habeas corpus filed
pursuant to 28 U.S.C. § 2241.1 The magistrate judge to whom the case was referred
for preliminary review has filed a report and recommendation pursuant to 28 U.S.C.
§ 636(b).2 The magistrate judge recommended that the action be dismissed without
prejudice for lack of jurisdiction because petitioner is challenging the execution of
his sentence but has failed to allege that he is confined within this judicial district.3
Petitioner was advised of his right to file objections to the report and
recommendation, but no objections have been filed, and the time in which to do so
has now expired.

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Doc. no. 1.

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Doc. no. 4.

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Id.

Having carefully reviewed and considered de novo all the materials in the court
file, including the magistrate judge’s report and recommendation, the court is of the
opinion that the magistrate judge’s report is dues to be, and it herebyis, ADOPTED,
and his recommendation is ACCEPTED. Accordingly, the petition for a writ of
habeas corpus is due to be DISMISSED WITHOUT PREJUDICE for want of
jurisdiction. A separate Final Order will be entered.
DONE this 31st day of December, 2015.

______________________________
United States District Judge

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