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)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WILLIAM N. LUCY, Petitioner, v. STATE OF ALABAMA, Respondent. ) ) ) ) CIVIL ACTION NO. 16-00470-CG-N ) ) ) 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.

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