Gillentine v. Mitchem

Filing 8

ORDER. 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 ACCEP TED. 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. Signed by Judge James H Hancock on 7/11/2012. **copy provided to petitioner by US Mail, this date. (FNC)

FILED
2012 Jul-11 PM 03:44
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
TOMMY JAMES GILLENTINE,
Petitioner,
vs.
BILLY MITCHEM, Warden, and the
ATTORNEY GENERAL OF THE STATE
OF ALABAMA,
Respondents.

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Case No. 6:11-cv-1316-JHH-TMP

ORDER
On June 19, 2012 , the magistrate judge filed his report and recommendation in the abovestyled 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 the

11th

day of July, 2012.

SENIOR UNITED STATES DISTRICT JUDGE