Lewis v. Mack

Filing 34

ORDER ADOPTING 33 REPORT AND RECOMMENDATIONS. Lewis's § 2241 habeas petition (Doc. 1 ), his two motions for discovery (Docs. 19 , 20 ), his motion for a trial by jury (Doc. 21 ), his motion to stay his state court criminal proce edings during the pendency of his present challenge to his extradition (Doc. 23 ), and his Motion for Injunctive Relief and the Imposition of Sanctions (Doc. 31 ) is DENIED. This action is DISMISSED with prejudice and that judgment is entered in favor of the Respondent accordingly. The Court finds Lewis is not entitled to either a certificate of appealability or to appeal in forma pauperis. Signed by Senior Judge Charles R. Butler, Jr on 7/7/2016. Copies to parties. (srd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

JAMES DOUGLAS LEWIS, JR.
AIS #00302892,

Petitioner,

v.

CYNTHIA STEWART,

Respondent.

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) CIVIL ACTION NO. 15-00273-CB-N
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ORDER

After due and proper consideration of the issues raised, and there having

been no objections filed, the Report and Recommendation of the Magistrate Judge
made under 28 U.S.C. § 636(b)(1)(B)-(C), Rule 8(b) of the Rules Governing § 2254
Cases in the United States District Courts, and S.D. Ala. GenLR 72(a)(2)(R), and dated
May 31, 2016, is ADOPTED as the opinion of this Court.

Accordingly, it is ORDERED as follows:
1. Petitioner James Lewis’s 28 U.S.C. § 2241 habeas petition (Doc. 1), his two
motions for discovery (Docs. 19, 20), his motion for a trial by jury (Doc. 21),
his motion to stay his state court criminal proceedings during the pendency
of his present challenge to his extradition (Doc. 23), and his “Motion for
Injunctive Relief and the Imposition of Sanctions” (Doc. 31) are DENIED;
2. this action is DISMISSED with prejudice, and judgment shall be separately
entered in favor of the Respondent under Federal Rule of Civil Procedure 58;
and

3. the Court finds that Lewis not entitled to either a Certificate of Appealability
or to appeal in forma pauperis.
DONE and ORDERED this the 7th day of July, 2016.

/s/Charles R. Butler, Jr.

SENIOR UNITED STATES DISTRICT JUDGE