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)

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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. ) ) ) ) ) ) ) ) ) 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. 1 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. _________________________________ LILES C. BURKE UNITED STATES DISTRICT JUDGE 2

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