McGaha v. Underwood et al

Filing 16

MEMORANDUM OPINION ADOPTING and ACCEPTING the 14 Magistrate Judge's Report and Recommendation. Signed by Judge Virginia Emerson Hopkins on 8/30/2016. (JLC)

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FILED 2016 Aug-30 PM 12:24 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA JASPER DIVISION MATTHEW THOMAS MCGAHA, Petitioner, vs. JIM UNDERWOOD, et al., Respondents. ) ) ) ) ) ) ) ) ) ) Case No. 6:16-cv-122-VEH-TMP MEMORANDUM OPINION The magistrate judge filed his report and recommendation on August 10, 2016, recommending dismissal of petitioner's 28 U.S.C. § 2241 petition for habeas corpus relief. (Doc.14). No objections to the report and recommendation have been filed. The copy of the report and recommendation mailed to the petitioner was returned marked “return to sender.” (Doc. 15). Having now carefully considered de novo all the materials 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 filed pursuant to 28 U.S.C. § 2241 in the above-styled cause be and hereby is DENIED and DISMISSED WITHOUT PREJUDICE. DONE the 30th day of August, 2016. VIRGINIA EMERSON HOPKINS United States District Judge

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