Marshall v. Warden C. Steward

Filing 22

ORDER ADOPTING the 19 REPORT AND RECOMMENDATIONS. It is ORDERED that the petition for habeas corpus is DISMISSED without prejudice as second or successive. Signed by Chief Judge William H. Steele on 12/12/2016. Copy mailed to Plaintiff. (tgw)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MICHAEL ANTHONY MARSHALL, Plaintiff, v. CYNTHIA STEWART, Respondent. ) ) ) ) ) CIVIL ACTION NO. 15-589-WS-N ) ) ) ORDER After due and proper consideration of the issues raised, and there having been no objections filed, 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. Accordingly, it is ORDERED that Petitioner Michael Anthony Marshall’s petition for habeas corpus relief under 28 U.S.C. § 2254 (Doc. 1) is DISMISSED without prejudice as second or successive. DONE and ORDERED this the 12th day of December, 2016. s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE

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