Johnson v. Hetzel, et al (INMATE 2)

Filing 9

ORDER directing that, after a review of the 8 Recommendation, and after an independent review of the entire record, it is ORDERED that: (1) The 8 Supplemental Recommendation of the Magistrate Judge is ADOPTED; (2) The 4 Recommendation of the M agistrate Judge dismissing Petitioner's 28 U.S.C. § 2254 petition for habeas corpus relief as successive in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A) is ADOPTED; and (3) Plaintiff's 6 objection thereto is overruled. Signed by Honorable Judge Truman M. Hobbs on 2/28/13. (scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID LAMAR JOHNSON,
#255 052,
Petitioner,

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) CIVIL ACTION NO.: 1:12-CV-1030-TMH
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v.
STATE OF ALABAMA, et al.,
Respondents.

ORDER
The Magistrate Judge entered a Supplemental Recommendation (Doc. 8) 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 Supplemental Recommendation (Doc. 8) of the Magistrate Judge is
ADOPTED;

2.

The December 5, 2012 Recommendation of the Magistrate Judge dismissing
Petitioner’s 28 U.S.C. § 2254 petition for habeas corpus relief as successive
in accordance with the provisions of 28 U.S.C. § 2244(b)(3)(A) (Doc. No. 4)
is ADOPTED; and

3.

Plaintiff’s objection thereto (Doc. No. 6) is overruled.

A separate judgment shall issue.
Done this 28th day of February, 2013.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE