Cooley v. Alabama Department of Mental Health

Page 1 of 1
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JESSE COOLEY, JR., 	)
)
Petitioner, 	)
)
vs. 	) 	CIV. ACT. NO. 1:22-cv-325-TFM-B
)
ALABAMA DEPARTMENT OF
MENTAL HEALTH,
)
)
)
Respondent. 	)
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