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)

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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

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