Lindberg v. Cohen et al, No. 2:2021cv00415 - Document 20 (M.D. Ala. 2021)
Court Description: OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's 18 recommendation is adopted to the extent that petitioner-plaintiff Greg E. Lindberg seeks emergency-habeas and alte rnative preliminary-injunctive relief from the court before 6/21/2021; (2) The 1 petition for writ of habeas corpus is denied to the extent that petitioner-plaintiff Lindberg seeks emergency-habeas relief from the court before 6/21/2021; (3) The [1 ] motion for preliminary injunction is denied to the extent petitioner-plaintiff Lindberg seeks preliminary-injunctive relief from the court before 6/21/2021; 4) As to the final submission of the magistrate judge's 18 recommendation; the final submission of petitioner-plaintiff Lindberg's 1 petition for writ of habeas corpus to the extent he seeks emergency-habeas relief; and the final submission of petitioner-plaintiff Lindberg's 1 motion for preliminary injunction, petitio ner-plaintiff Lindberg still has until 6/28/2021, to file objections, as allowed by the magistrate judge; This case is not closed. Signed by Honorable Judge Myron H. Thompson on 6/19/2021. (Attachments: # 1 Civil Appeals Checklist) (wcl, )
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Lindberg v. Cohen et al Doc. 20 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION GREG E. LINDBERG, ) ) Petitioner-Plaintiff, ) ) v. ) ) ALAN COHEN, Warden, ) Federal Prison Camp ) Montgomery, and MICHAEL ) CARVAJAL, Director, ) Federal Bureau of Prisons, ) ) Respondent) Defendants. ) CIVIL ACTION NO. 2:21cv415-MHT (WO) OPINION AND ORDER On June 15, 2021, petitioner-plaintiff Greg E. Lindberg, a federal prisoner currently incarcerated in the Federal Prison Camp in Montgomery, Alabama, filed this action emergency-habeas seeking, relief among and, in other the things, alternative, preliminary-injunctive relief, allowing him to attend a civil bench trial set to begin on June 21 in state court in North Carolina. Magistrate Judge On June 18, the United States entered a recommendation that Dockets.Justia.com Lindberg’s petition for motion for alternative denied. emergency-habeas preliminary relief and injunction be The magistrate judge gave Lindberg until June 28, seven days after the start of the bench trial, to file objections to the recommendation. Therefore, on that same day, June 18, this court entered an order “that, to the extent petitioner Greg E. Lindberg seeks emergency or preliminary before court objections United June to States the injunctive relief 21, 2021, shall report and Magistrate he from file recommendation Judge by Order (Doc. 19) (emphasis added). 5:00 p.m. of the any the today.” No objections were filed in response to the court’s June 18 order. After record, an and independent based on and the de novo reasons set review of the forth in the government’s response (Doc. 17) and the recommendation (Doc. 18), the court concludes that the magistrate judge’s recommendation should be adopted to the extent that Lindberg seeks emergency-habeas 2 or preliminary-injunctive June 21. relief from the court before Lindberg still has until June 28, when the magistrate judge’s recommendation goes under final submission, to file objections. *** Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (Doc. 18) is adopted to the extent that petitioner-plaintiff Greg E. Lindberg seeks emergency-habeas and alternative preliminary-injunctive relief from the court before June 21, 2021. (2) The petition for writ of habeas corpus (Doc. 1) is denied to the extent that petitioner-plaintiff Lindberg seeks emergency-habeas relief from the court before June 21, 2021. (3) The motion for preliminary injunction (Doc. 1) is denied to the extent petitioner-plaintiff Lindberg 3 seeks preliminary-injunctive relief from the court before June 21, 2021. (4) As to the final submission of the magistrate judge’s recommendation (Doc. 18); the final submission of petitioner-plaintiff Lindberg’s petition for writ of habeas corpus (Doc. 1) to the extent he seeks emergency-habeas relief; and the final submission of petitioner-plaintiff Lindberg’s motion for preliminary injunction (Doc. 1), petitioner-plaintiff Lindberg still has until June 28, 2021, to file objections, as allowed by the magistrate judge. This case is not closed. DONE, this the 19th day of June, 2021. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 4
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