Burns v. State of Alabama
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 12/6/2017. (TLM, )
2017 Dec-06 AM 09:39
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
TIMOTHY BURNS, in proper
Plaintiff, Ref A.B., Minor Child,
ACTING JUDGE ROBERT L. MINOR,
) CIVIL ACTION NO.
This civil action was initiated on October 23, 2017, by Timothy Burns on
behalf of his minor daughter, A.B., based on a pleading Burns has styled, “A Writ
of Habeas Corpus.” (Doc.1 1). On November 3, 2017, the magistrate judge to
whom the case was referred entered a Report and Recommendation (“R&R”)
pursuant to 28 U.S.C. § 636(b), FED. R. CIV. P. 72(b)(1), recommending that the
Burns’s petition be dismissed for lack of jurisdiction, because its allegations
indicate that A.B. is not “in custody” for purposes of the federal habeas corpus
statutes. (Doc. 3). The court advised Burns that he might file objections to the
References to “Doc(s). ___” are to the document number(s) of the pleadings, motions,
and other materials in the court file, as compiled and designated on the docket sheet by the Clerk.
Unless otherwise noted, pinpoint citations are to the page of the electronically filed document on
the court’s CM/ECF system, which may not correspond to pagination on the original “hard copy”
presented for filing.
magistrate judge’s R&R, but the time in which he was required to do so has
expired with no objections having been filed. (See Docs. 3, 5).
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 findings are due to be and are hereby
ADOPTED and his recommendation is ACCEPTED. As a result, the petition for
writ of habeas corpus is due to be DISMISSED WITHOUT PREJUDICE, for
lack of jurisdiction. A separate final order will be entered.
Done this 6th day of December 2017.
L. Scott Coogler
United States District Judge
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