Muston v. State of Alabama

Filing 11

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 2/11/2016. (AVC)

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FILED 2016 Feb-11 PM 02:26 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION BRANDON H. MUSTON, Petitioner, v. STATE OF ALABAMA, Respondent. ) ) ) ) ) ) ) ) ) Case No. 2:15-cv-02043-AKK-TMP MEMORANDUM OPINION On January 1, 2016, 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. § 2254 be dismissed without prejudice. To date, no objections to the Report and Recommendation have been filed. Having now carefully reviewed and considered de novo all the materials in the court file, including Petitioner’s objections and the Report and Recommendation, the Court is of the opinion that the report is due to be ADOPTED, and the recommendation ACCEPTED. Consequently, the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 in the above-styled cause is due to be DISMISSED WITHOUT PREJUDICE. An order of final judgment will be entered contemporaneously herewith. DONE the 11th day of February, 2016. ________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

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