Cooley v. Alabama Department of Mental Health, No. 1:2022cv00325 - Document 4 (S.D. Ala. 2023)
Court Description: MEMORANDUM OPINION & ORDER ADOPTING 2 REPORT AND RECOMMENDATION. The 1 habeas petition is DISMISSED without prejudice as duplicative. Pet is not entitled to a certificate of appealability or to appeal in forma pauperis. Separate judgment will issue as set out. Signed by District Judge Terry F. Moorer on 1/30/23. (copy mailed to Pet on 1/31/23) (tot)
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Cooley v. Alabama Department of Mental Health Doc. 4 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JESSE COOLEY, JR., ) ) ) ) ) ) ) ) ) ) Petitioner, vs. ALABAMA DEPARTMENT OF MENTAL HEALTH, Respondent. CIV. ACT. NO. 1:22-cv-325-TFM-B MEMORANDUM OPINION AND ORDER On October 18, 2022, the Magistrate Judge filed a Report and Recommendation which recommends dismissal of this habeas petition brought pursuant to 28 U.S.C. § 2254 as duplicative of an earlier filed § 2254 habeas petition currently pending (Civ. Act. No. 1:22-cv-297). See Doc. 2. No objections were filed. Therefore, after due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Recommendation of the Magistrate Judge is ADOPTED as the opinion of this Court. This habeas petition is DISMISSED without prejudice as duplicative. The Court further finds that Cooley is not entitled to a certificate of appealability or to appeal in forma pauperis. A separate judgment will issue pursuant to Fed. R. Civ. P. 58. DONE and ORDERED this 30th day of January, 2023. /s/Terry F. Moorer TERRY F. MOORER UNITED STATES DISTRICT JUDGE Page 1 of 1 Dockets.Justia.com
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