Malloy v. Davenport et al (INMATE 1)

Filing 7

ORDER directing that: (1.) The petitioner's 6 objection to the 5 Recommendation of the Magistrate Judge is overruled; (2.) The 5 Recommendation of the Magistrate Judge is adopted; (3.) The 1 petition for habeas corpus relief filed by Mal lory is DENIED and this case is DISMISSED without prejudice to allow petitioner to complete his appeal in Mallory v. Wise, et al., Civil Action No. 09-cv-964-TMH. Signed by Honorable Judge Truman M. Hobbs on 4/5/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ARTHUR BRENNAN MALLOY, 101329, )
)
Petitioner,
)
v.
)
)
CARTER F. DAVENPORT, et al.,
)
)
Respondents.
)

CASE NO. 2:12-cv-183-TMH
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The petitioner's objection (Doc. #6) to the Recommendation of the Magistrate
Judge filed on April 3, 2012 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #5) filed on March 20, 2012
and is adopted;
3. That the petition for habeas corpus relief filed by Mallory is DENIED and this case
is DISMISSED without prejudice to allow petitioner to complete his appeal in Mallory v.
Wise, et al., Civil Action No. 09-cv-964-TMH.
DONE this the 5th day of April, 2012.

/s/ Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE