Cruise v. Oliver

Filing 14

ORDER ADOPTING the 12 REPORT AND RECOMMENDATIONS. It is ORDERED that the Petition is DISMISSED without prejudice for lack of subject matter jurisdiction, and that Cruise is denied a Certificate of Appealability. Signed by District Judge William H. Steele on 10/6/17. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
HAROLD CRUISE,
AIS #0553173,
Petitioner,
v.
NOAH PRICE OLIVER,
Respondent.

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CIVIL ACTION NO. 16-00602-WS-N

ORDER
After due and proper consideration of the issues raised, and there having
been no objections filed, the Report and Recommendations of the Magistrate Judge
(Doc. 12) 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 September 8, 2017, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Petitioner Harold Cruise’s Petition for a
Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1) is DISMISSED without
prejudice for lack of subject matter jurisdiction, and that Cruise is DENIED a
Certificate of Appealability in conjunction with this dismissal.
Final judgment shall issue separately in accordance with this order and
Federal Rule of Civil Procedure 58.
DONE and ORDERED this the 6th day of October, 2017.
s/WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE