Martin v. Hetzel et al (INMATE2)

Filing 26

ORDER; that 1. The petitioner's objection 25 to the Recommendation of the Magistrate Judge filed on December 6, 2010 is overruled; 2. The Recommendation of the Magistrate Judge 24 filed on November 19, 2010 is adopted; 3. The 28 U.S.C. § 2254 petition for habeas corpus relief is DENIED and this case is DISMISSED without prejudice as this Court lacks jurisdiction to consider Petitioner's claims for relief. Signed by Honorable Truman M. Hobbs on 12/16/2010. (jg, )

M a r t i n v. Hetzel et al (INMATE2)

D o c . 26

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF E A S T E R N DIVISION S I L A S MARTIN, #145609, P e t i t io n e r , v. T R O Y KING, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) )

C A S E NO. 3:10-cv-0453-TMH WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The petitioner's objection (Doc. #25) to the Recommendation of the Magistrate J u d g e filed on December 6, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #24) filed on November 19, 2 0 1 0 is adopted; 3 . The 28 U.S.C. § 2254 petition for habeas corpus relief is DENIED and this case is DISMISSED without prejudice as this Court lacks jurisdiction to consider Petitioner's c la im s for relief. DONE this the 16th day of December, 2010. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

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