Muston v. State of Alabama

Filing 11

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

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.

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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.

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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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