The opinion
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DANIEL BROWN, )
)
Petitioner, )
)
V. ) Case No.: 4:20-cv-1073-LCB-HNJ
)
WARDEN OF ETOWAH COUNTY )
DETENTION CENTER, et al., )
)
Respondents. )
ORDER
On August 7, 2020, U.S. Magistrate Judge Herman N. Johnson issued a
Report and Recommendation in accordance with 28 U.S.C. § 636(b)(1)
recommending that the Court dismiss this action as duplicative of the earlier-filed
Case No. 4:20-cv-1126-RDP-HNJ. (Doc. 5). Petitioner has not objected to the
Report and Recommendation.
When a party objects to a portion of a Magistrate Judge’s report or proposed
findings or recommendations, the District Court must conduct a de novo review of
those portions of the report to which the party has specifically objected. 28 U.S.C.
§ 636(b)(1). The unchallenged portions of the Magistrate Judge’s report are
reviewed for clear error. See LoConte v. Dugger, 847 F.2d 745, 750 (11th Cir. 1988).
Having reviewed the proposed findings and recommendations for clear error,
the Court concludes that the Magistrate Judge’s Report and Recommendation
(Doc. 5) should be ACCEPTED and hereby ADOPTS it as the findings of the
Court. This action is therefore DISMISSED WITHOUT PREJUDICE.
The Clerk of Court is DIRECTED to close the case.
DONE and ORDERED this September 2, 2020.
LA EE c
LILES C. BURKE
UNITED STATES DISTRICT JUDGE