Reyes v. Wolf

United States District Court for the Northern District of Alabama

Reyes v. Wolf

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION

JOSE ALFREDO REYES, ) ) Plaintiff, ) ) V. ) Case No.: 4:20-cv-524-LCB-JHE ) CHAD F. WOLF, et al., ) ) Defendants. )

ORDER Petitioner Alfredo Reyes, a detainee at the Etowah County Detention Center in Gadsden, Alabama, has petitioned the Court under

28 U.S.C. § 2241

for a writ of habeas corpus. (Doc. 1). On August 21, 2020, U.S. Magistrate Judge John H. England, III issued a Report and Recommendation in accordance with

28 U.S.C. § 636

(b)(1) recommending that the Court deny Reyes’s petition as premature and dismiss the action without prejudice. (Doc. 12). No party has 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. 12) should be ACCEPTED and hereby ADOPTS it as the findings of the Court. Reyes’s Petition (Doc. 1) is DENIED, and the action is DISMISSED WITHOUT PREJUDICE. DONE and ORDERED this October 8, 2020.

i SZ C Sha LILES C. BURKE UNITED STATES DISTRICT JUDGE

Reference

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