Bass v. Hetzel et al

Filing 5

ORDER ADOPTING REPORT AND ACCEPTING RECOMMENDATIONS the petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE to allow petitioner to pursue state court remedies; in the alternative, the petition for writ of habeas corpus is DISMISSED for failure to comply with 28:2244(b)(3)(A). Signed by Judge Inge P Johnson on 6/26/12. (ASL)

Download PDF
FILED 2012 Jun-26 PM 02:07 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION TOMMY BASS, Petitioner v. GARY HETZEL, Warden, and THE ATTORNEY GENERAL OF THE STATE OF ALABAMA, Respondents ) ) ) ) ) ) ) ) ) ) ) Case No. 5:12-cv-02080-IPJ-HGD DISMISSAL ORDER On June 11, 2012, the magistrate judge’s report and recommendation was entered and the parties were allowed therein fourteen (14) days in which to file objections to the recommendations made by the magistrate judge. On June 13, 2012, petitioner filed objections to the magistrate judge’s report and recommendation. After careful consideration of the record in this case, the magistrate judge’s report and recommendation and the petitioner’s objections thereto, the court hereby ADOPTS the report of the magistrate judge. The court further ACCEPTS the recommendations of the magistrate judge and it is, therefore, Page 1 of 2 ORDERED, ADJUDGED and DECREED that the petition for writ of habeas corpus in this action be and the same hereby is DISMISSED WITHOUT PREJUDICE to allow petitioner to pursue state court remedies. In the alternative, it is ORDERED, ADJUDGED and DECREED that the petition for writ of habeas corpus in this action is due to be and hereby is DISMISSED for failure to comply with 28 U.S.C. § 2244(b)(3)(A). DONE this 26th day of June, 2012. INGE PRYTZ JOHNSON U.S. DISTRICT JUDGE Page 2 of 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?