Wells v. McKinney et al

Filing 16

ORDER the Court is of the Opinion that the Magistrate Judge's 15 REPORT is hereby ADOPTED and the RECOMMENDATIONS is ACCEPTED. Consequently, the 1 Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 in this cause is hereby DISMISSED WITHOUT PREJUDICE. Signed by Judge James H Hancock on 11/22/2013. (JLC)

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FILED 2013 Nov-22 AM 10:11 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION DEDRICK LASHON WELLS, Petitioner, vs. EUGENE REESE MCKINNEY, et al., Respondents. ) ) ) ) ) ) ) ) ) Case No. 7:12-cv-00817-JHH-TMP ORDER On October 30, 2013, the magistrate judge filed his report and recommendation in the abovestyled 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 have been filed by either party. Having now carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the report is due to be and hereby is ADOPTED, and the recommendation is 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 and is hereby DISMISSED WITHOUT PREJUDICE. DONE this the 22nd day of November, 2013. SENIOR UNITED STATES DISTRICT JUDGE

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