Scott v. State of Alabama

Filing 40

ORDER ADOPTING 36 REPORT AND RECOMMENDATION. Plf's Motion to Dismiss is GRANTED, & this action is DISMISSED. Plf's other pending motions are DENIED as MOOT. Signed by Chief Judge Callie V. S. Granade on 1/27/10. (copy mailed to Plf on 1/28/10) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION JOE HENRY SCOTT, III, Petitioner, vs. STATE OF ALABAMA, Respondent. : : : : : : : : :

CIVIL ACTION 09-0455-CG-B

ORDER After due and proper consideration of all portions of this file deemed relevant to the issues raised, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is ADOPTED as the opinion of this Court. Plaintiff's motion to dismiss is hereby GRANTED, and that this action is hereby DISMISSED. In addition plaintiff's other pending motions are hereby DENIED as MOOT. DONE and ORDERED this 27th day of January, 2010.

/s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE