Easterling v. Mosley et al (INMATE 2)

Filing 22

ORDER vacating 14 court's order of 9/13/06; (2) Adopting 11 Recommendation of the Magistrate Judge; (3) The petitioner's 10 Motion to Dismiss is denied. Signed by Judge W. Harold Albritton III on 9/11/2006. (Attachments: # 1 Civil Appeals Checklist)(cb, )

Easterling v. Mosley et al (INMATE 2)

Doc. 22

Case 2:04-cv-00536-WHA-WC

Document 22

Filed 09/11/2006

Page 1 of 1

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION DEWEY KYLE EASTERLING, #212210, Petitioner, v. GWENDOLYN MOSELY, et al., Respondents. ) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 2:04cv536-WHA

ORDER In its order entered on September 13, 2004, the court intended to adopt the Recommendation of the Magistrate Judge entered on August 20, 2004. The Recommendation advised that the petitioner's motion to dismiss (Doc. # 10) be denied, but the court's aforementioned order inadvertently granted the motion. Accordingly, to correct the record, it is hereby ORDERED that: 1. 2. The court's order of September 13, 2004 is hereby VACATED.
Upon an independent evaluation of this matter, the court adopts the Recommendation of the Magistrate Judge. 3. The petitioner's motion to dismiss is hereby DENIED.

DONE this 11th day of September, 2006. /s/ W. Harold Albritton W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE

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