Singleton v. Chad

Filing 30

MEMORANDUM OPINION: The court ADOPTS the report and ACCEPTS the recommendation and this action is due to be DISMISSED WITHOUT PREJUDICE for failure to prosecute claims or in the alternative to be DISMISSED WITHOUTPREJUDICE as MOOT. Signed by Judge Liles C Burke on 2/7/2024. (AHI)

FILED
2024 Feb-07 AM 08:48
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
CHERYL SINGLETON,
Petitioner,
v.
WARDEN KIMBERLY NEELY,
Respondent.

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Case No. 7:22-cv-00844-LCB-HNJ

MEMORANDUM OPINION
The Magistrate Judge entered a report (Doc. 28) on December 21, 2023,
recommending that the court DISMISS WITHOUT PREJUDICE petitioner
Cheryl Singleton’s (“Singleton”) petition for a writ of habeas corpus brought
pursuant to 28 U.S.C. § 2241 (Doc. 1) pursuant to Rule 41(b) of the Federal Rules
of Civil Procedure for Singleton’s failure to prosecute her claims. In the alternative,
the report recommended that the court DISMISS WITHOUT PREJUDICE
Singleton’s petition as MOOT. No objections have been filed.1
After careful consideration of the record in this case and the Magistrate
Judge’s report, the court ADOPTS the report and ACCEPTS the recommendation.

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The Clerk of Court mailed Singleton the December 21, 2023, Report and Recommendation at
both her address on file and at the address for the RRM Atlanta. (See Doc. 28 at 15). On January
2, 2024, the United States Postal Service returned the report sent to the RRM Atlanta address as
undeliverable with the notation “Refused.” (Doc. 29). The court does not have and could not
locate an alternative address for Singleton.

Consistent with that recommendation, the court finds that Singleton’s petition for a
writ of habeas corpus brought pursuant to 28 U.S.C. § 2241 (Doc. 1) is due to be
DISMISSED WITHOUT PREJUDICE for her failure to prosecute her claims. In
the alternative, the court finds that Singleton’s petition for a writ of habeas corpus
brought pursuant to 28 U.S.C. § 2241 is due to be DISMISSED WITHOUT
PREJUDICE as MOOT. A final judgment will be entered.
DONE and ORDERED February 7, 2024.

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LILES C. BURKE
UNITED STATES DISTRICT JUDGE

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