Lucy v. State Of Alabama

Filing 6

ORDER ADOPTING 4 REPORT AND RECOMMENDATION, 1 Petition for Writ of Mandamus is DENIED, 3 Motion to Amend his Petition is DENIED as futile, & this mandamus action is DISMISSED. 5 MOTION for Summary Judgment is DENIED as set out. Signed by Senior Judge Callie V. S. Granade on 12/8/2016. (copy mailed to Pet on 12/8/16) (tot)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
WILLIAM N. LUCY,
Petitioner,
v.
STATE OF ALABAMA,
Respondent.

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) CIVIL ACTION NO. 16-00470-CG-N
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ORDER

After due and proper consideration of the issues raised, and a de novo
determination of those portions of the recommendation to which objection is made1,
the Report and Recommendation (Doc. 4) of the Magistrate Judge made under 28
U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala.
GenLR 72(a)(2)(S), and dated November 14, 2016, is ADOPTED as the opinion of
this Court.
Accordingly, it is ORDERED that that William H. Lucy’s Petition for Writ of
Mandamus (Doc. 1) is DENIED, that his motion to amend his petition (Doc. 3) is
DENIED as futile, and that this mandamus action is DISMISSED. In accordance
with Federal Rule of Civil Procedure 58, final judgment shall be entered by separate
document.
DONE and ORDERED this the 8th day of December, 2016.
/s/ Callie V. S Granade
SENIOR UNITED STATES DISTRICT JUDGE
1

Included within Plaintiff’s objection is a motion for the Court to construe his Petition for Writ of
Mandamus as a motion for summary judgment, but he does not specify on what cause of action he seeks
summary judgment. He states that he realizes a mandamus is not appropriate, but that his petition should
not be construed as a 2254 petition. Because there is nothing before the Court on which summary
judgment could be granted, the motion is DENIED.