Mann v. Crabtree et al (INMATE 3)

Filing 9

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 5/29/2018. (KEK)

FILED
2018 May-29 PM 03:08
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
MASHELL R. MANN,

)
)
Petitioner,
)
)
v.
)
)
WARDEN CHADWICK CRABTREE, )
et al.,
)
)
Respondents.
)

Case No. 6:18-cv-00414-MHH-JEO

MEMORANDUM OPINION
The magistrate judge filed a report on April 19, 2018 in which he
recommended that the Court dismiss without prejudice petitioner Mashell R.
Mann’s 28 U.S.C. 2254 petition for writ of habeas corpus.

(Doc. 8).

The

magistrate judge found that Ms. Mann has not exhausted state court remedies
available to her. The magistrate judge advised Ms. Mann of her right to file
objections to his report within 14 days. (Doc. 8, pp. 3-4). To date, Ms. Mann has
not filed objections to the report and recommendation.
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
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).1
Having reviewed the record in this case, 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 that the Court dismiss without prejudice Ms. Mann’s
petition for writ of habeas corpus.
The Court will enter a separate final order.
DONE and ORDERED this May 29, 2018.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

1

When a party objects to a report, 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).
2