Uptain v. Holt et al (INMATE 1)

Filing 34

ORDERED that 33 Recommendation of the Magistrate Judge is ADOPTED; that Petitioner's 1 Petition for Writ of Habeas Corpus is DENIED; and that the case is DISMISSED without prejudice. An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 2/26/2009. (cb, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION T E R R Y RAY UPTAIN, # 183276, P e t i t io n e r , v. ARNOLD HALT, Warden, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) CASE NO. 2:06-CV-1051-WKW (WO) OR DER T h e re being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 33), and upon an independent review of the record, it is ORDERED that the R e c o m m e n d a tio n is ADOPTED, that Petitioner's petition for a writ of habeas corpus p u rs u a n t to 28 U.S.C. 2241 (Doc. # 1) is DENIED, and that the case is DISMISSED w ith o u t prejudice. An appropriate judgment will be entered. D O N E this 26th day of February, 2009. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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