Waites v. Cummins et al (INMATE 2)

Filing 16

OPINION and ORDER ordering and adjudging that the 15 REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED and that the 28 USC 2254 petition for habeas corpus relief be DISMISSED with prejudice. Signed by Honorable Judge Truman M. Hobbs on 11/28/12. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION BARRY WAITES, #250157 Petitioner, v. JOHN CUMMINS, WARDEN, et al., Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 3:10-cv-295-TMH [wo] OPINION and ORDER On October 15, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. No. 15). Upon an independent review of the 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 and is hereby ADOPTED and that the 28 U.S.C. ยง 2254 petition for habeas corpus relief be DISMISSED with prejudice. Done this the 28th day of November 2012. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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