Gaston v. Hetzel

Filing 5

ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Andrew James Gaston, dismissing this action without prejudice for failure to prosecute and comply with court's order. Signed by Judge Kristi K. DuBose on 3/22/2012. (copy to petitioner) (cmj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
ANDREW JAMES GASTON,

)
)
)
)
)
)
)
)
)

Petitioner,
vs.
GARY HETZEL,
Respondent.

Civil Action No. 12-0014-KD-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 recommendation to which objection is
made, the recommendation of the Magistrate Judge made under 28 U.S.C. ' 636(b)(l)(B) and
dated February 28, 2012, is ADOPTED as the opinion of this Court.
Additionally, Gaston filed two substantively identical petitions: the first in this action and
the second in Gaston v. Hetzel, Civil Action No. 12-0040-WS-N. Gaston paid the $5.00 filing fee
and filed a motion to proceed in forma pauperis in 12-0040-WS-N. Also, a service order has been
entered and the return of service docketed. Therefore, Gaston’s claims will be addressed in that
action.
DONE this 22nd day of March, 2012.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
UNITED STATES DISTRICT JUDGE