Holloway v. Mitchem et al (INMATE2)

Filing 32

(R&R VACATED PER 35 ORDER) ORDERED that 31 Recommendation of the Magistrate Judge is ADOPTED and that the petition for habeas corpus relief filed by Petitioner Roscoe Holloway is DENIED and DISMISSED with prejudice. Signed by Hon. Chief Judge Mark E. Fuller on 3/12/2009. (Attachments: # 1 Civil Appeals Checklist)(cb, ) Modified on 3/25/2009 TO VACATE ORDER. (cb, ).

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION R O S C O E HOLLOWAY, #154358, P e t i t io n e r , v. B IL L MITCHEM, WARDEN, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) ORDER O n February 20, 2009, the Magistrate Judge filed a Recommendation in this case to w h ic h no timely objections have been filed. (Doc. # 31). Upon an independent review of th e file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that the petition for habeas corpus relief filed by Petitioner R o s c o e Holloway is DENIED and DISMISSED with prejudice. D o n e this the 12 th day of March, 2009.

C I V IL ACTION NO. 3:07cv186-MEF

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE