Dorsey v. Wise et al

Filing 24

ORDER adopting Report and Recommendations re 20 Report and Recommendation. After due and proper consideration of all portions of this file deemed relevant to the issues raised,the Report and Recommendation of the Magistrate Judge made under 28 U.S .C. 636(b)(l)(B) is ADOPTED as the opinion of this Court. Accordingly, it is hereby ORDERED, ADJUDGED, and DECREED that the plaintiffs petition for habeas corpus relief is hereby DENIED and further that a certificate of appealability is hereby denied. Signed by Senior Judge Charles R. Butler, Jr on 10/28/2013. (adk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ETHAN EUGENE DORSEY,

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* CIVIL ACTION NO.
* 10-00362-CB-B
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ORDER

Petitioner,
vs.
GARY HETZEL1,
Respondents.

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 Recommendation
to

which

objection

is

made,

the

Recommendation

of

the

Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is
ADOPTED as the opinion of this Court.

It is ORDERED that

Petitioner’s petition for habeas corpus relief is hereby
DENIED and, further, that a certificate of appealability is
hereby DENIED.
DONE this 28th day of October, 2013.
s/Charles R. Butler, Jr. _____________
SENIOR UNITED STATES DISTRICT JUDGE

1

On March 23, 2012, Petitioner filed a Notice of Change of
Address (Doc. 18), wherein he advised the Court of his transfer to
Easterling Correctional Facility.
Pursuant to Rule 2 of the Rules
Governing Section 2254 Cases in the United States District Courts, the
“officer having custody of the applicant shall be named as Respondent.”
Accordingly, the Court’s substitution reflects Gary Hetzel, Warden of
Easterling Correctional Facility, as the proper Respondent.