Opinion
Civil Action 1:21-00201-WS-N
01-18-2022
CHRISTOPHER P. CAPOCCI, AIS# 292555 Petitioner, v. REOSHA BUTLER et al., Respondents.
ORDER
WILLIAM H. STEELE UNITED STATES DISTRICT JUDGE
After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge (Doc. 18) made under 28 U.S.C. § 636(b)(1)(B)-(C), Federal Rule of Civil Procedure 72(b), and S.D. Ala. GenLR 72(a)(2)(R), and dated December 28, 2021, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Christopher P. Capocci's Petition for a Writ of habeas Corpus under 28 U.S.C. § 2254 dated August 25, 2021 (Doc. 8) be DISMISSED without prejudice for lack of subject matter jurisdiction. The Court also finds that Capocci is not entitled to appeal in forma pauperis. Final judgment shall issue separately in accordance with this order and Fed.R.Civ.P. 58.
DONE and ORDERED