Lewis v. Billups et al

Filing 6

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 7/14/2014. (AVC)

FILED
2014 Jul-14 PM 03:55
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION

DARYL LEWIS,
Petitioner,
vs.
BILLUPS, Warden; and the
ATTORNEY GENERAL of the
STATE OF ALABAMA
Respondents.

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Case No. 7:14-cv-00867-LSC-TMP

MEMORANDUM OPINION
On June 23, 2014, 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
hereby is DISMISSED WITHOUT PREJUDICE. An order of final judgment will be entered
contemporaneously herewith.

Done this 14th day of July 2014.

L. Scott Coogler
United States District Judge
[160704]

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