Guy v. Burch

Filing 5

ORDER ADOPTING #4 Report and Recommendation. This action is DISMISSED without prejudice. Signed by Chief District Judge Jeffrey U. Beaverstock on 6/3/2024. Copy mailed to Petitioner at Mobile Metro Jail. (fz)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISON
VERNON GUY,

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* CIVIL ACTION NO. 24-00115-JB-B
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Petitioner,
vs.
PAUL BURCH,
Respondent.

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

Report

and

Recommendation

of

the

Magistrate Judge made under 28 U.S.C. § 636(b)(1) and dated May 9,
2024 (Doc. 4) is ADOPTED as the opinion of this Court.

It is

ORDERED that Petitioner Vernon Guy’s petition for a writ of habeas
corpus under 28 U.S.C. § 2241 (Doc. 1) and this action are
DISMISSED without prejudice to allow Petitioner Guy to pursue and
exhaust available state remedies.
Guy

is

not

entitled

to

the

The Court finds that Petitioner
issuance

of

a

certificate

of

appealability and is not entitled to proceed in forma pauperis on
appeal.
DONE and ORDERED this 3rd day of June, 2024.
/s/
JEFFREY
U.
BEAVERSTOCK
CHIEF UNITED STATES DISTRICT JUDGE