Brown v. Warden of Etowah County Detention Center

United States District Court for the Northern District of Alabama

Brown v. Warden of Etowah County Detention Center

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION

DANIEL BROWN, ) ) Petitioner, ) ) V. ) Case No.: 4:20-cv-1073-LCB-HNJ ) WARDEN OF ETOWAH COUNTY ) DETENTION CENTER, et al., ) ) Respondents. )

ORDER On August 7, 2020, U.S. Magistrate Judge Herman N. Johnson issued a Report and Recommendation in accordance with

28 U.S.C. § 636

(b)(1) recommending that the Court dismiss this action as duplicative of the earlier-filed Case No. 4:20-cv-1126-RDP-HNJ. (Doc. 5). Petitioner has not objected to the Report and Recommendation. When a party objects to a portion of a Magistrate Judge’s report or proposed findings or recommendations, the District Court must conduct a de novo review of those portions of the report to which the party has specifically objected.

28 U.S.C. § 636

(b)(1). The unchallenged portions of the Magistrate Judge’s report are reviewed for clear error. See LoConte v. Dugger,

847 F.2d 745, 750

(11th Cir. 1988). Having reviewed the proposed findings and recommendations for clear error, the Court concludes that the Magistrate Judge’s Report and Recommendation (Doc. 5) should be ACCEPTED and hereby ADOPTS it as the findings of the Court. This action is therefore DISMISSED WITHOUT PREJUDICE. The Clerk of Court is DIRECTED to close the case. DONE and ORDERED this September 2, 2020. LA EE c LILES C. BURKE UNITED STATES DISTRICT JUDGE

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