Cannon v. Toney et al (INMATE 2)

Filing 8

ORDER overruling 7 petitioner's objection; adopting the 4 Recommendation of the Magistrate Judge; denying the petition for habeas corpus relief and dismissing the case with prejudice. Signed by Honorable Ira De Ment on 3/23/2010. (br, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION R O B E R T JAMES CANNON, P e titio n e r, v. D E B O R A H TONEY, WARDEN et al, R e sp o n d e n ts . ) ) ) ) ) ) ) ) )

C A S E NO. 3:10-cv-69-ID (W O )

ORDER T h is petition for a writ of habeas corpus is before the Court on Petitioner's Objection to Magistrate Judge's recommendation that Petitioner's 28 U.S.C. § 2254 petition for habeas c o rp u s relief be denied and that Petitioner's cause of action be dismissed in accordance with th e provisions of 28 U.S.C. § 2244(b)(3)(A) (Doc. 4, filed on March 5, 2009). After careful a n d independent consideration of the issues Petitioner raised in the Objection and the a p p lic a b le law, the Court is of the opinion that the Magistrate Judge's Recommendation is w e ll taken and is due to be adopted. It is therefore, ORDERED as follows: 1. That Petitioner's Objection (Doc. 7) filed on March 17, 2010 be, and the same are h e re b y , OVERRULED; 2. That the Magistrate Judge's Recommendation (Doc. 4) filed March 5, 2010 in this c a u s e be, and the same is hereby, ADOPTED; 3. That the petition for habeas corpus relief be, and the same is hereby, DENIED and th a t this case is DISMISSED with prejudice.

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T h e Court will enter a separate final judgment.

D o n e this 23rd day of March, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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