Toole v. McDonough et al (INMATE2)

Filing 45

JUDGMENT as follows: (1) The 43 Objections are overruled; and (2) The 39 United States Magistrate Judge's Recommendation is ADOPTED; and (3) The 1 Petition for Writ of Habeas Corpus is DENIED. It is further ORDERED that the costs are taxe d against petitioner, for which execution may issue. The Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.. Signed by Honorable Myron H. Thompson on 10/30/08. (Attachments: # 1 Civil Appeals Checklist)(cb, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, SOUTHERN DIVISION

HOWARD GLEN TOOLE, #C 917 683 Petitioner, v. JAMES McDONOUGH, et al., Respondents.

) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 1:06cv696-MHT (WO)

JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The petitioner's objections (Doc. No. 43) are overruled. (2) The United States Magistrate Judge's

recommendation (Doc. No. 39) is adopted. (3) The petition for writ of habeas corpus (Doc. No. 1) is denied.

It is further ORDERED that costs are taxed against petitioner, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 30th day of October, 2008.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE