McCall v. Monroe, Alabama

Filing 4

MEMORANDUM OPINION - The magistrate judge filed a report and recommendation on July 5, 2018, recommending the petition for habeas corpus relief, filed by Leon McCall under 28 U.S.C. § 2241, be construed as a petition for relief under 28 U.S.C. § 2254 and dismissed,(Doc. 3). The court is of the opinion that the magistrate judges report is due to be ADOPTED and the recommendation ACCEPTED. Signed by Judge Virginia Emerson Hopkins on 8/9/2018. (KWC)

FILED
2018 Aug-09 PM 02:08
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
LEON McCALL,
Petitioner,
v.
MONROE, ALABAMA,
Respondent.

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) Case No. 5:18-cv-00963-VEH-HNJ
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MEMORANDUM OPINION

The magistrate judge filed a report and recommendation on July 5, 2018,
recommending the petition for habeas corpus relief, filed by Leon McCall under 28
U.S.C. § 2241, be construed as a petition for relief under 28 U.S.C. § 2254 and
dismissed. (Doc. 3). No objections to the report and recommendation have been
filed. Having now carefully considered de novo all of the material in the court file,
including the report and recommendation, the court is of the opinion that the
magistrate judge’s report is due to be ADOPTED and the recommendation
ACCEPTED.
It is therefore ORDERED that the petition for habeas corpus relief pursuant to
28 U.S.C. § 2254 in the above-styled cause be and hereby is DISMISSED
WITHOUT PREJUDICE. The petitioner’s motion to proceed in forma pauperis is
DENIED as MOOT.

DONE this 9th day of August, 2018.

VIRGINIA EMERSON HOPKINS
United States District Judge