Upshaw v. State of Alabama et al (INMATE3)

Filing 14

ORDER directing (1) the petitioner's objection 13 is OVERRULED; (2) the 11 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED; and (3) the motion to stay execution of sentence 4 is DENIED. Signed by Honorable Ira De Ment on 9/4/09. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION V A L E R IA L. UPSHAW, P e titio n e r, v. S T A T E OF ALABAMA, et al., R e sp o n d e n ts . ) ) ) ) ) ) ) ) C A S E NO. 2:09-CV-638-ID (W O ) ORDER A fte r an independent review of the file, it is hereby CONSIDERED and ORDERED th a t: 1 . The petitioner's objection (Doc. #13) to the Recommendation of the Magistrate J u d g e , filed on August 31, 2009, is OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #11) filed on August 17, 2 0 0 9 , is ADOPTED; and 3 . The Motion to Stay Execution of Sentence (Doc. # 4) is DENIED. DONE this 4th day of September, 2009. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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