Pouncey v. Warden, Dothan City Jail et al (INMATE 2)

Filing 43

ORDERED that: 1) The 42 Recommendation of the Magistrate Judge is ADOPTED; 2) The instant 28 USC § 2254 petition for habeas relief filed by Petitioner is DISMISSED as moot; and 3) Petitioner's request for money damages is DISMISSED without prejudice; A separate judgment shall issue. Signed by Honorable Judge Truman M. Hobbs on 4/22/2013. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION TERRENCE POUNCEY, Petitioner, v. WARDEN, DOTHAN CITY JAIL, et al., Respondents. ) ) ) ) ) CIVIL ACTION NO.: 1:11-CV-078-TMH ) ) ) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. 42) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the court finds that the Recommendation should be adopted. Accordingly, it is ORDERED that: 1. The Recommendation (Doc. 42) of the Magistrate Judge is ADOPTED; 2. The instant 28 U.S.C. § 2254 petition for habeas relief filed by Petitioner is DISMISSED as moot; and 3. Petitioner’s request for money damages is DISMISSED without prejudice. A separate judgment shall issue. Done this 22nd day of April, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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