Gray v. Daniels et al (INMATE 3)

Filing 8

JUDGMENT: ORDERED that:(1) The petitioner's "Opposition to the Recommendation of the Magistrate Judge" (doc. No. 7 ) is treated as a motion for voluntary dismissal under Rule 41(a)(2) of the Federal Rules of Civil Procedure, and said motion is granted. (2) The magistrate judge's recommendation (doc. no. 4 ) is withdrawn. (3) The petition for writ of habeas corpus under 28 U.S.C. § 2254 (doc. no. 1 ) is dismissed without prejudice. The clerk of the court 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 1/27/2016. (Attachments: # 1 Civil Appeals Checklist)(kh, )

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

)
)
)
)
)
)
)
)
)

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

CIVIL ACTION NO.
2:15cv912-MHT
(WO)

JUDGMENT
After an independent and de novo review

of the

record, it is ORDERED that:
(1)

The

petitioner’s

“Opposition

to

the

Recommendation of the Magistrate Judge” (doc.
No. 7) is treated as a motion for voluntary
dismissal under Rule 41(a)(2) of the Federal
Rules of Civil Procedure, and said motion is
granted.
(2)

The

magistrate

judge’s

no. 4) is withdrawn.

recommendation

(doc.

(3)

The petition for writ of habeas corpus under
28 U.S.C. § 2254 (doc. no. 1) is dismissed
without prejudice.

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 27th day of January, 2016.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE