Smith v. Price et al (INMATE 3)

Filing 18

OPINION and ORDER that the 15 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED, the petitioner's or 16 Objections be and are hereby OVERRULED, the petition for writ of habeas corpus be and is hereby DENIED, and the petition be and is hereby DISMISSED with prejudice. Signed by Honorable Judge Emily C. Marks on 1/8/19. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION CHARLES SMITH, #152740, ) ) ) ) ) ) ) ) ) Petitioner, v. CHERYL PRICE, et al., Respondents. CIV. ACT. NO. 3:15cv225-ECM [WO] OPINION and ORDER On August 8, 2018, the Magistrate Judge entered a Recommendation denying the petitioner’s petition for writ of habeas corpus be denied and the petition dismissed. (Doc. 15). On August 27, 2018, the plaintiff filed objections to the Recommendation of the Magistrate Judge. The Court has carefully reviewed the record in this case, the Recommendation of the Magistrate Judge, and the petitioner’s objections. Upon an independent review of the file in this case and for good cause, it is ORDERED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED, the petitioner’s objections be and are hereby OVERRULED, the petition for writ of habeas corpus filed by Smith on April 10, 2015, be and is hereby DENIED, and the petition be and is hereby DISMISSED with prejudice. DONE this 8th day of January, 2019. /s/ Emily C. Marks EMILY C. MARKS UNITED STATES DISTRICT JUDGE

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