Davis v. Carter et al (INMATE 3)

Filing 28

ORDER: 1) ADOPTING the Magistrate Judge's 27 Recommendation; 2) DENYING Plaintiff Davon Lashon Davis's 1 28 U.S.C. 2254 petition for writ of habeas corpus; 3) DISMISSING this action WITH PREJUDICE; A separate Final Judgment will be entered; DIRECTING the Clerk to substitute Steven Marshall for Luther Strange as a Defendant under FRCP 25(d). Signed by Honorable Judge William Keith Watkins on 6/25/2019. (am, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION DAVON LASHON DAVIS, AIS # 208426 Plaintiff, v. DERRICK CARTER, Warden; and STEVEN MARSHALL, Attorney General of the State of Alabama, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 1:16-CV-774-WKW [WO] ORDER On May 30, 2019, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 27.) After an independent review of the record and upon consideration of the Recommendation, it is ORDERED that: 1. The Magistrate Judge’s Recommendation (Doc. # 27) is ADOPTED; 2. Plaintiff Davon Lashon Davis’s 28 U.S.C. § 2254 petition for writ of habeas corpus is DENIED; and 3. This action is DISMISSED WITH PREJUDICE. A separate Final Judgment will be entered. On another note, the Clerk of the Court is DIRECTED to substitute Steven Marshall for Luther Strange as a Defendant under Federal Rule of Civil Procedure 25(d). This automatic substitution is already reflected in the caption of this Order. DONE this 25th day of June, 2019. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE 2

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