Gary v. Jones et al (INMATE 2)

Filing 30

ORDER directing as follows: 1) Mr. Gary Jr.'s 29 Objection is OVERRULED; 2) The 22 Recommendation is ADOPTED; 3) The petition for habeas corpus relief filed by Mr. Gary Jr. is DENIED; 4) This action is DISMISSED with prejudice. Signed by Honorable William Keith Watkins on 5/12/2010. (wcl, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION J A M E S EDWARD GARY, JR., #222 516, P e titio n e r, v. KENNY JONES, WARDEN, et al., D e f e n d a n ts. ) ) ) ) ) ) ) ) )

CASE NO. 3:07-CV-1074-WKW[WO]

ORDER O n April 13, 2010, the Magistrate Judge filed a Recommendation in this case. (Doc. # 22.) Petitioner James Edward Gary Jr. timely filed an objection on April 29, 2010. (Doc. # 29.) Having independently reviewed the file in this case and conducted a de novo review o f those portions of the Recommendation to which objection is made, see 28 U.S.C. § 636(b)(1), the objection lacks merit for substantially the same reasons set forth in the M a g is tra te Judge's recommendation.1 Accordingly, it is ORDERED as follows: 1. 2. 3. 4. M r. Gary Jr.'s objection (Doc. # 29) is OVERRULED. T h e Recommendation (Doc. # 22) is ADOPTED. T h e petition for habeas corpus relief filed by Mr. Gary Jr. is DENIED. T h is action is DISMISSED with prejudice.

A n appropriate judgment will be entered.

The arguments raised in the objection mirror those previously raised and addressed in the Recommendation.

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DONE this 12th day of May, 2010.

/s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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