Gay v. Hooks et al (INMATE 1)

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 8 Report and Recommendations; ORDERED that the 28 USC 2254 petition for habeas corpus relief is DENIED, and this case is DISMISSED with prejudice. Signed by Honorable W. Harold Albritton, III on 9/8/2008. (wcl, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION PHILLIP GAY, #109431, Petitioner, vs. RALPH HOOKS, et al., Respondents. ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 1:07cv164-WHA

ORDER This case is before the court on the Recommendation of the Magistrate Judge (Doc. #8) and Petitioner's objection (Doc. #9). Following an independent evaluation and de novo review of this case, the court finds Petitioner's objection to be without merit, and it is hereby overruled. The court adopts the Recommendation of the Magistrate Judge, and it is hereby ORDERED that the 28 U.S.C. § 2254 petition for habeas corpus relief is DENIED, and this case is DISMISSED with prejudice. DONE this 8th day of September, 2008.

/s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE