Brennan v. State of Alabama

Filing 33

ORDER ADOPTING 25 REPORT and RECOMMENDATION. It is ORDERED that Petitioner Thomas G. Brennan's petition for habeas corpus relief under 28 U.S.C. § 2254 is DENIED, that this action is DISMISSED with prejudice, and that Petitioner is not entitled to a certificate of appealability or to appeal in forma pauperis. Signed by Senior Judge Charles R. Butler, Jr on 7/13/2015. copies to parties. (sdb)

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
THOMAS G. BRENNAN,
Petitioner,
v.
DAVID WISE,
Respondent.

)
)
)
)
)
)
)
)
)

Civil Action 11-00418-CB-N

ORDER
After due and proper consideration of the issues raised, and a de novo determination of
those portions of the recommendation to which objection is made, the Report and
Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) and dated
August 28, 2014, is ADOPTED as the opinion of this Court.
Accordingly, it is ORDERED that Petitioner Thomas G. Brennan’s petition for habeas
corpus relief under 28 U.S.C. § 2254 (Docs. 1, 2, 12) is DENIED, that this action is
DISMISSED with prejudice, and that Petitioner is not entitled to a certificate of appealability
or to appeal in forma pauperis.
DONE and ORDERED this the 13th day of July, 2014.
/s/Charles R. Butler, Jr.
CHARLES R. BUTLER, JR.
SENIOR UNITED STATES DISTRICT JUDGE