Smitherman v. Boyd et al

Filing 25

ORDER ADOPTING the 23 REPORT AND RECOMMENDATIONS. It is ORDERED that this habeas petition be DENIED and that this action be DISMISSED. It is further Ordered that Petitioner's Certificate of Appealability, should he file one, be DENIED. Signed by Chief Judge William H. Steele on 10/25/10. Copy mailed to Petitioner. (tgw)

Smitherman v. Boyd et al

Doc. 25

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ANDREW SMITHERMAN, Petitioner. vs. LOUIS BOYD, Respondent. : : : : : : : : : ORDER After due and proper consideration of all pleadings in this file, 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 this habeas petition be DENIED and that this action be DISMISSED. It is further Ordered that

CIVIL ACTION 10-0250-WS-M

Petitioner's Certificate of Appealability, should he file one, be DENIED. DONE this 25th day of October, 2010.

s/WILLIAM H. STEELE CHIEF UNITED STATES DISTRICT JUDGE

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