Potter v. Huey Hoss Mack

Filing 9

ORDER ADOPTING the 7 REPORT AND RECOMMENDATIONS. It is ORDERED that the Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241 is DISMISSED without prejudice, and that Potter is not entitled to a Certificate of Appealability or to appeal in forma pauperis. Signed by District Judge William H. Steele on 4/19/2018. Copy mailed to Petitioner. (tgw)

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DONNIE D. POTTER,
Petitioner,

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vs.
HUEY HOSS MACK,
Respondent.

CIVIL ACTION 17-00527-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.
7) 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 March 15, 2018, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Petitioner Donnie D. Potter’s Petition for a
Writ of Habeas Corpus under 28 U.S.C. § 2241 (Doc. 1) is DISMISSED without
prejudice, and that Potter is not entitled to a Certificate of Appealability or to appeal
in forma pauperis 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 19th day of April, 2018.
s/WILLIAM H. STEELE
UNITED STATES DISTRICT JUDGE