Wilson v. Straka
Wilson v. Straka
Trial Court Opinion
U.S. DISTRICT N.D. OF AL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION LAVARICE WILSON, Petitioner, Vv. Case No. 7:22-cv-1309-CLM-NAD K. STRAKA, Respondent.
MEMORANDUM OPINION The magistrate judge has entered a report, recommending the court dismiss as moot Petitioner Lavarice Wilson’s amended petition for writ of habeas corpus under
28 U.S.C. § 2241. (Doc. 13). Although the magistrate judge advised Wilson of his right to file written objections to the report and recommendation within 14 days, the court has received no objections and the time limitation for filing has expired. After considering the entire record, including the report and recommendation, de novo the court ADOPTS the report and ACCEPTS the recommendation. The court will DISMISS the amended petition for writ of habeas corpus WITHOUT PREJUDICE as moot. Because the petition does not present issues that are debatable among jurists of reason and does not make a substantial showing of the denial of a constitutional right, the court will DENY a certificate of appealability. See
28 U.S.C. § 22538(c); Slack v. McDaniel,
529 U.S. 473, 484—85 (2000). The court will enter a separate final judgment that closes this case. Done on February 2, 2024.
ne MAZE UNITED STATES DISTRICT JUDGE
Reference
- Status
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