Rich v. Boyd et al

Filing 12

ORDER: 11 , Magistrate Judge's Report and Recommendation is ADOPTED and ACCEPTED. The petition for writ of habeas corpus is DENIED and DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge Sharon Lovelace Blackburn on 08/30/12. (CVA)

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FILED 2012 Aug-30 PM 03:45 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION ARTHUR STEVEN RICH, Petitioner, vs. LEWIS BOYD, Warden, et al., Respondents. ) ) ) ) ) ) ) ) Case No. 4:11-cv-866-SLB ORDER On August 6, 2012 , the magistrate judge filed his report and recommendation in the above-styled cause, recommending that this petition for habeas corpus relief filed pursuant to 28 U.S.C. § 2254 be denied and dismissed as successive. To date, no objections have been filed by either party. Having now carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the Court is of the opinion that the report is due to be and hereby is ADOPTED, and the recommendation is ACCEPTED. Consequently, the petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 in the above-styled cause is due to be and the same is hereby DENIED and DISMISSED WITHOUT PREJUDICE. DONE, this 30th day of August, 2012. SHARON LOVELACE BLACKBURN CHIEF UNITED STATES DISTRICT JUDGE

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