Sunday v. Mitchem et al (INMATE1)

Filing 7

ORDER, JUDGMENT and DECREE of the court that: 1) The petitioner's 5 Objections to the Recommendation of the Magistrate Judge are overruled; 2) The 4 Recommendation of the Magistrate Judge is adopted; 3) The petition for habeas corpus relief be and is hereby denied; 4) This case be and is hereby dismissed in accordance with the provisions of 28 USC § 2244(b)(3)(A); 5) Costs be and are hereby TAXED against the petitioner. Signed by Honorable Judge Mark E. Fuller on 10/6/2011. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
TIMOTHY LEE SUNDAY,
AIS # 213453,

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Petitioner,
v.
BILLY MITCHEM, et al.,
Respondents.

CIVIL ACT. NO. 3:11cv544-MEF

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and
DECREE of the court that:
1. The petitioner’s objections (Doc. #5) to the Recommendation of the Magistrate
Judge filed on July 25, 2011 are overruled;
2.

The Recommendation of the Magistrate Judge (Doc. #4) entered on July 13,

2011 is adopted;
3. The petition for habeas corpus relief be and is hereby denied;
4. This case be and is hereby dismissed in accordance with the provisions of 28
U.S.C. § 2244(b)(3)(A);
5. Costs be and are hereby TAXED against the petitioner.
DONE this the 6th day of October, 2011.

/s/ Mark E. Fuller
UNITED STATES DISTRICT JUDGE