Phillips v. Mack

Filing 19

ORDER ADOPTING 17 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Michael Benjamin Phillips. The § 2241 petition is DISMISSED without prejudice as MOOT. Petitioner is not entitled to a Certificate of Appealability and is not entitled to appeal in forma pauperis. Copy to Petitioner. Signed by District Judge Kristi K. DuBose on 6/5/2024. (meh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL BENJAMIN PHILLIPS,

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Petitioner,
v.
HOSS MACK, Sheriff,
Respondent.

CIVIL ACTION NO.: 22-73-KD-MU

ORDER
After due and proper consideration of all portions of this file deemed relevant to
the issues raised, and there having been no objections filed, the Recommendation of the
Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of
this Court.
Accordingly, this action is DISMISSED without prejudice as MOOT. Petitioner is
not entitled to a Certificate of Appealability and is not entitled to proceed on appeal in
forma pauperis.

DONE this 5th day of June 2024.
s/ Kristi K. DuBose
UNITED STATES DISTRICT JUDGE