Fergerson v. Jones et al (INMATE 2)

Filing 24

JUDGMENT, in accordance with the memorandum opinion entered this date, it is the ORDER JUDGMENT and DECREE of the court as follows: (1) the petitioner's 22 objections are overruled; (2) the US Mag Judge's 20 recommendation is adopted; ( 3) the petitioner's 17 motion to dismiss allegation is granted; (4) the petition for writ of habeas corpus 1 is denied; further ORDERING that costs are taxed against petitioner, for which execution may issue; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP. Signed by Honorable Myron H. Thompson on 3/31/09. (Attachments: # 1 Civil Appeals Checklist)(djy, )

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

GREGORY MONTAE FERGERSON, Petitioner, v. WARDEN KENNETH JONES, et al., Defendants.

) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 3:06cv777-MHT (WO)

JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The petitioner's objections (Doc. No. 22) are overruled. (2) The United States Magistrate Judge's

recommendation (Doc. No. 20) is adopted. (3) The petitioner's motion to dismiss allegation (Doc. No. 17) is granted.

(4) The petition for writ of habeas corpus (Doc. No. 1) is denied. 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 docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. DONE, this the 31st day of March, 2009.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE