Massey v. Daniels, et al. (INMATE 3)

Filing 26

ORDER directing as follows: (1) the 25 Objection is OVERRULED; (2) the court adopts the 24 Report and Recommendation of the Magistrate Judge; (3) this petition for habeas corpus relief under 28 U.S.C. 2254 is DENIED and this case is DISMISSED with prejudice; (4) final judgment will be entered accordingly. Signed by Honorable Judge W. Harold Albritton, III on 11/28/16. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

CALVIN LEON MASSEY, #155562,

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Petitioner,
v.
LEEPOSEY DANIELS, et al.,
Defendants.

Civil Action No. 2:14cv399-WHA
(wo)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #24)
and the Petitioner’s Objection thereto (Doc. #25).
The court has conducted an independent evaluation and de novo review of the file in this
case and finds that the Objection merely presents the same arguments that the Petitioner
presented in his Amended Petition for Writ of Habeas Corpus. These arguments were discussed
and rejected by the Magistrate Judge. The court agrees with the Magistrate Judge’s discussion
and conclusions, and finds the Objection to be without merit. Therefore, it is hereby ORDERED
as follows:
1. The Objection is OVERRULED.
2. The court adopts the Recommendation of the Magistrate Judge.
3. This petition for habeas corpus relief under 28 U.S.C. §2254 is DENIED and this case
is DISMISSED with prejudice.
4. Final Judgment will be entered accordingly.

DONE this 28th day of November, 2016.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE