Partain v. Mitchem et al

Filing 9

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 1/6/14. (ASL)

FILED
2014 Jan-06 PM 04:54
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
MARK ANTHONY PARTAIN,
Petitioner,
vs.
WARDEN BILLY MITCHEM,
ET AL.,
Respondents.

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ACTION NO. 5:10-cv-2520-MHH-JHE

MEMORANDUM OPINION

This matter concerns a 28 U.S.C. § 2254 habeas corpus petition.

On

December 20, 2013, the magistrate judge entered a report in which he
recommended that the Court grant the respondents’ motion for summary judgment
and dismiss the action. (Doc. 7). Mr. Partain filed a timely objection to the report
and recommendation, (Doc. 8); however, his objection does not address the
grounds on which the magistrate judge recommended dismissal of this action.
The Court has reviewed the record in this action, including the report and
recommendation and Mr. Partain’s objection to the report and recommendation.
The Court ADOPTS AND APPROVES the magistrate judge’s findings and
ACCEPTS his report and recommendation.

Accordingly, this habeas petition is due to be dismissed. An appropriate
order will be entered.
DONE and ORDERED this 6th day of January, 2014.

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MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

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