Marshall v. Jones

Filing 12

ORDER ADOPTING 10 REPORT AND RECOMMENDATIONS of the Magistrate dated 11/20/2008 as the opinion of this court. Signed by Chief Judge Callie V. S. Granade on 12/22/2008. (copy mailed to petitioner 12/22/08) (mab)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION GARY LEWIS MARSHALL, AIS 193639, Petitioner, : vs. : KENNETH JONES, : Respondent. ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed1, the recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(l)(B) and dated November 20, 2008 is ADOPTED as the opinion of this Court. DONE this 22nd day of December, 2008. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE CA 08-0521-CG-C : :

Although the petitioner did not file an objection to the R&R, he did file, after the R&R was issued, a motion to dismiss the petition "without prejudice" (Doc. 11). Because this order adopting the R&R dismisses petitioner's case, the court finds that the motion to dismiss is MOOT. Any dismissal, whether termed with or without prejudice, does not negate petitioner's need to obtain the court of appeals' permission to file a successive petition.

1