IN THE UNITED STATES DISTRICT COURT 

 FOR THE SOUTHERN DISTRICT OF ALABAMA 

 SOUTHERN DIVISION 

UNITED STATES OF AMERICA, ) 

) 

Respondent, ) 

) CRIMINAL ACTION NO. 08-061-WS-N-1 

 ) 

v. ) 

) CIVIL ACTION NO.09-0450-WS-N 

GUITTEN HIPPOLITE, ) 

) 

Petitioner. ) 

 REPORT AND RECOMMENDATION

 Petitioner filed a letter-motion (doc. 67) on March 19, 2010, to voluntarily dismiss his 

habeas action without prejudice to allow a later action on amended pleadings. On May 25, 2010, 

the court entered an order giving petitioner an opportunity to amend his complaint instead in 

light of various procedural issues, and gave petitioner until June 14, 2010, to respond. Doc. 68. 

Petitioner failed to respond tit he court’s order requesting clarification. 

 Accordingly, the court addresses petitioner’s Motion for Voluntary Dismissal (doc. 67) 

and, finding that the requested relief is appropriate, hereby RECOMMENDS that the court grant 

the Motion for Voluntary Dismissal, and DISMISS his habeas action without prejudice. 

See Magistrate Judge=s Explanation of Procedural Rights, attached, for important 

information on how to proceed. 

DONE this the 30th day of June, 2010. 

/s/ Katherine P. Nelson 

KATHERINE P. NELSON 

UNITED STATES MAGISTRATE JUDGE 

Case 1:08-cr-00061-WS-N Document 69 Filed 07/01/10 Page 1 of 2
MAGISTRATE JUDGE=S EXPLANATION OF PROCEDURAL RIGHTS 

AND RESPONSIBILITIES FOLLOWING RECOMMENDATION 

AND FINDINGS CONCERNING NEED FOR TRANSCRIPT 

1. Objection. Any party who objects to this recommendation or anything in it must, within 

fourteen (14) days of the date of service of this document, file specific written objections with 

the clerk of court. Failure to do so will bar a de novo determination by the district judge of 

anything in the recommendation and will bar an attack, on appeal, of the factual findings of the 

magistrate judge. See 28 U.S.C. ' 636(b)(1)(C); Lewis v. Smith, 855 F.2d 736, 738 (11th Cir. 

1988); Nettles v. Wainwright, 677 F.2d 404 (5th Cir. Unit B, 1982)(en banc). The procedure for 

challenging the findings and recommendations of the magistrate judge is set out in more detail in 

SD ALA LR 72.4 (June 1, 1997), which provides that: 

A party may object to a recommendation entered by a magistrate judge in a 

dispositive matter, that is, a matter excepted by 28 U.S.C. ' 636(b)(1)(A), by 

filing a AStatement of Objection to Magistrate Judge=s Recommendation@ within 

ten [now fourteen] days after being served with a copy of the recommendation, 

unless a different time is established by order. The statement of objection shall 

specify those portions of the recommendation to which objection is made and the 

basis for the objection. The objecting party shall submit to the district judge, at the 

time of filing the objection, a brief setting forth the party=s arguments that the 

magistrate judge=s recommendation should be reviewed de novo and a different 

disposition made. It is insufficient to submit only a copy of the original brief 

submitted to the magistrate judge, although a copy of the original brief may be 

submitted or referred to and incorporated into the brief in support of the objection. 

Failure to submit a brief in support of the objection may be deemed an 

abandonment of the objection. 

(Emphasis added) A magistrate judge=s recommendation cannot be appealed to a Court of 

Appeals; only the district judge=s order or judgment can be appealed. 

2. Transcript (applicable where proceedings tape recorded). Pursuant to 28 U.S.C. '

1915 and Fed.R.Civ.P. 72(b), the magistrate judge finds that the tapes and original records in this 

action are adequate for purposes of review. Any party planning to object to this recommendation, 

but unable to pay the fee for a transcript, is advised that a judicial 

determination that transcription is necessary is required before the United States will pay the cost 

of the transcript. 

/s/ Katherine P. Nelson 

 KATHERINE P. NELSON 

UNITED STATES MAGISTRATE JUDGE

Case 1:08-cr-00061-WS-N Document 69 Filed 07/01/10 Page 2 of 2