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Elawad v. Rathman

United States District Court, N.D. Alabama, Eastern Division

June 16, 2015

MALIK ELAWAD, Petitioner,
v.
JOHN T. RATHMAN, Respondent.

MEMORANDUM OPINION

VIRGINIA EMERSON HOPKINS, District Judge.

On May 8, 2015, the magistrate judge filed a report recommending that the relief sought in this matter be denied. (Doc. 10). In particular, the magistrate judge found: (1) to the extent Petitioner invokes 28 U.S.C. § 2255, the court lacked jurisdiction; and (2) to the extent Petitioner invoked 28 U.S.C. § 2241, his claims were without merit. ( Id. at 6). The magistrate judge further recommended denial of a certificate of appealability to the extent Petitioner invoked 28 U.S.C. § 2255. The parties were allowed an opportunity to file objections but neither party has done so.[1]

Having carefully reviewed and considered de novo all the materials in the court file, the Court is of the opinion that the magistrate judge's findings are due to be and are hereby ADOPTED and her recommendation is ACCEPTED. Accordingly, this matter is due to be denied and dismissed.

A Final Judgment will be entered.

DONE and ORDERED.


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