Kirkland v. Walls et al

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS, Case reassigned to Judge L Scott Coogler for all further proceedings; US Magistrate Judge T Michael Putnam no longer assigned to case; denying the petition for writ of habeas corpus and dismissing case w/o prej; Signed by Judge L Scott Coogler on 5/18/2012. (BST, )

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FILED 2012 May-18 PM 03:28 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA JASPER DIVISION DONNA JO KIRKLAND, Petitioner, vs. SCOTT WALLS, Warden; and the ATTORNEY GENERAL of the STATE OF ALABAMA, Respondents. ) ) ) ) ) ) ) ) ) ) ) Case No. 4:11-cv-3902-TMP ORDER DISMISSING THE PETITION The magistrate judge filed his report and recommendation on April 25, 2012, recommending dismissal of petitioner's 28 U.S.C. § 2254 petition for habeas corpus relief. On May 9, 2012, the petitioner filed a document titled "Plaintiff's Answer to Magistraste Judge's Report and Recommendation." (Doc. 20). Having now carefully considered de novo all the materials in the court file, including the report and recommendation and the plaintiff's response, the court is of the opinion that the magistrate judge's report is due to be ADOPTED and the recommendation ACCEPTED. It is therefore ORDERED that the petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 in the above-styled cause be and hereby is DENIED and DISMISSED WITHOUT PREJUDICE. Done this 18th day of May 2012. L. Scott Coogler United States District Judge 167458

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