Parker v. Noe, No. 1:2017cv00252 - Document 27 (S.D. Ala. 2019)

Court Description: MEMORANDUM OPINION AND ORDER, OVERRULING 26 Petitioner's objection, and ADOPTING 25 Report and Recommendation as the opinion of this Court. The petition is DENIED as moot. Signed by District Judge Terry F. Moorer on 07/23/2019. (copy to Petitioner) (mab)

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Parker v. Noe Doc. 27 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION DARRELL PARKER, ) ) ) ) ) ) ) ) ) Petitioner, vs. GUY NOE, Respondent. CIV. ACT. NO. 1:17-cv-252-TFM-C MEMORANDUM OPINION AND ORDER On June 3, 2019, the Magistrate Judge entered a Report and Recommendation which recommends this action be dismissed as moot. See Doc. 25. Petitioner timely objected to the Report and Recommendation. See Doc. 26. Petitioner objects with essentially the same information contained in his notice previously discussing his desire to continue with the lawsuit though he had been released from custody. See Doc. 23. As discussed in the Report and Recommendation, Parker’s belief that the named individuals committed some crimes or wrongs against him is insufficient to continue with an action under 28 U.S.C. § 2254. Therefore, Petitioner’s objection is OVERRULED. Accordingly, after due and proper consideration of all portions of this file deemed relevant to the issue raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. This petition is DENIED as moot. Final judgment shall issue separately in accordance with this order and Federal Rule of Civil Procedure 58. Page 1 of 2 Dockets.Justia.com DONE and ORDERED this the 23rd day of July 2019. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE

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