Hagos v. Sessions et al

Filing 12

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 3/13/2018. (KEK)

FILED
2018 Mar-13 PM 02:59
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
MESMER HAGOS,
Petitioner,
vs.
ATTORNEY GENERAL
JEFFERSON B. SESSIONS, III,
et al.,
Respondents.

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Case No. 4:18-cv-0034-MHH-TMP

MEMORANDUM OPINION
On February 26, 2018, the magistrate judge filed a report in which he
recommended that the Court dismiss as moot petitioner Mesmer Hagos’s 28 U.S.C.
§ 2241 petition for writ of habeas corpus. (Doc. 9). The magistrate judge advised
the parties of their right to file objections within 14 days. (Doc. 9, pp. 2-3). To
date, no party has filed objections to the magistrate judge’s report and
recommendation.1
A district court “may accept, reject, or modify, in whole or part, the findings
or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). A
district court reviews legal conclusions in a report de novo and reviews for plain
1

On February 26, 2018, the Clerk of Court mailed to Mr. Hagos a copy of the magistrate judge’s
report and recommendation. (February 26, 2018 staff note). On March 12, 2018, the Postal
Service returned as undeliverable Mr. Hagos’s copy of the report and recommendation. (Doc.
10; Doc. 11).

error factual findings to which no objection is made. Garvey v. Vaughn, 993 F.2d
776, 779 n.9 (11th Cir. 1993); see also LoConte v. Dugger, 847 F.2d 745, 749
(11th Cir. 1988); Macort v. Prem, Inc., 208 Fed. Appx. 781, 784 (11th Cir. 2006).2
Having reviewed the record in this case, including the report and recommendation, the Court finds no misstatements of law in the report and no plain error in
the magistrate judge’s description of the relevant facts.

Therefore, the Court

adopts the magistrate judge’s report and accepts his recommendation.
The Court will enter a separate final order consistent with this memorandum
opinion.
DONE and ORDERED this March 13, 2018.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

2 When a party objects to a report in which a magistrate judge recommends dismissal of the
action, a district court must “make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28 U.S.C. §§
636(b)(1)(B)-(C).