Webb v. United States of America (INMATE 3)

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DAVID WEBB, ) ) Petitioner, ) ) v. ) CASE NO. 2:19-CV-899-WKW ) [WO] UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER On December 6, 2019, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 5.) Upon an independent review of the record and the Recommendation, it is ORDERED that the Recommendation is ADOPTED and this action is DISMISSED without prejudice for lack of subject- matter jurisdiction. Final judgment will be entered separately. Petitioner is not required to obtain a certificate of appealability to appeal this court’s judgment, should he desire to do so, because it is not “‘a final order in a habeas corpus proceeding’” within the meaning of 28 U.S.C. § 2253(c). Hubbard v. Campbell, 379 F.3d 1245, 1247 (11th Cir. 2004) (quoting § 2253(c)). DONE this 11th day of February, 2020. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE