Noe v. Forniss et al (INMATE 3)

Filing 7

JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The petitioner's 5 objections are overruled. (2) The United States Magistrate Judge's 4 recommendation is adopted. (3) The 1 petition for writ of habeas cor pus is dismissed without prejudice. (4) The petitioner's 2 application to proceed without prepayment of fees is denied as moot. It is further ORDERED that costs are taxed against petitioner, for which execution may issue. The clerk of the cour t is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. This case is closed. Signed by Honorable Judge Myron H. Thompson on 2/8/2016. (Attachments: # 1 Civil Appeals Checklist)(kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

WOODBURCK NOE,
Petitioner,
v.
LEON FORNISS, et al.,
Respondents.

)
)
)
)
)
)
)
)
)

CIVIL ACTION NO.
2:15cv888-MHT
(WO)

JUDGMENT
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
(1) The petitioner's objections (doc. no. 5) are
overruled.
(2) The

United

States

Magistrate

Judge's

recommendation (doc. no. 4) is adopted.
(3) The petition for writ of habeas corpus (doc.
no. 1) is dismissed without prejudice.
(4) The petitioner’s application to proceed without
prepayment of fees (doc. no. 2) is denied as moot.

It is further ORDERED that costs are taxed against
petitioner, for which execution may issue.
The clerk of the court is DIRECTED to enter this
document

on

the

civil

pursuant

to

Rule

58

of

docket
the

as

a

Federal

final
Rules

judgment
of

Civil

Procedure.
This case is closed.
DONE, this the 8th day of February, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE