Anderson v. Tuscaloosa Circuit Court

Filing 6

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 12/23/13. (ASL)

FILED
2013 Dec-23 AM 11:14
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
REGINALD LEVON ANDERSON,
Plaintiff,
v.
TUSCALOOSA CIRCUIT COURT,
Defendant.

)
)
)
)
)
)
)
)
)

7:13-CV-2029-MHH-TMP

MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on November 20,
2013, recommending that this action filed pursuant to 42 U.S.C. § 1983 be
dismissed without prejudice. The court determined that the petitioner’s claims
should be treated as a petition for habeas corpus pursuant to 28 U.S.C. § 2254.
The court directed the clerk to mail the petitioner a Petition Under 28 U.S.C. §
2254 for Habeas Corpus by a Person in State Custody. When the petitioner
returned the completed form, the petition was docketed as a new case and given the
number 7:13-cv-2105-LSC-TMP.

The claims set forth in this complaint are

contained in the second-filed habeas petition. Accordingly, the magistrate judge
determined that this complaint is due to be dismissed. No objections were filed by
either party.

Having 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 magistrate judge's report is due to be and is hereby ADOPTED and the
recommendation is ACCEPTED.
Accordingly, the complaint is due to be dismissed without prejudice. A
Final Judgment will be entered.
DONE and ORDERED this 23rd day of December, 2013.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE