Smith v. Alabama Department of Corrections

Filing 12

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 9/28/15. (SAC )

FILED
2015 Sep-28 PM 03:54
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
JOHN DEWAYNE SMITH,
Petitioner,
v.
ALABAMA DEPARTMENT
OF CORRECTIONS,
Respondent.

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Case No. 7:14-cv-716-KOB-TMP

MEMORANDUM OPINION
The magistrate judge filed his report and recommendation on July 17, 2015, recommending
dismissal of petitioner's 28 U.S.C. § 2241 petition for habeas corpus relief. (Doc. 24). No party filed
any objections.
Having now carefully considered de novo all the materials in the court file, including the
report and recommendation, the court ADOPTS the magistrate judge's report and ACCEPTS his
recommendation. The court finds that the habeas petition is due to be DISMISSED WITH
PREJUDICE because his alleged claims are not cognizable under § 2241 because he fails to raise any
issue relating to personal liberty, or, in the alternative, because the petitioner failed to exhaust his state
remedies as required by 28 U.S.C. § 2254 (b)(1)(A) and (c).
The court will enter a Final Order in conformity with this Memorandum Opinion.
DONE and ORDERED this 28th day of September, 2015.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE