Davis v. Johnson

MEMORANDUM OPINION

MILLS, District Judge.

This matter comes before the court on the Magistrate Judge’s Report and Recommendation that the court grant the respondents’ motion to dismiss the instant petition for a writ of habeas corpus filed under 28 U.S.C. § 2254 for failure to state a claim upon which relief may be granted under Fed.R.Civ.P. 12(b)(6). The court agrees with the Magistrate Judge that the motion should be granted; however, the court relies on different reasoning and authority and therefore declines to adopt the Report and Recommendation. The court treats the motion to dismiss as a…