Hart v. Hetzel et al (INMATE 3), No. 1:2012cv00094 - Document 23 (M.D. Ala. 2014)

Court Description: ORDER AND OPINION directing that, upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby AD OPTED and that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 is DENIED and this case DISMISSED with prejudice, because (1) this court is without jurisdiction to consider Hart's challenge to his expired Houston Count y convictions; (2) this court is without jurisdiction to consider Hart's challenge to his current sentence imposed by the Circuit Court of Madison County; and (3) Hart fails to establish any basis for federal habeas relief. Signed by Honorable Judge W. Harold Albritton, III on 3/13/14. (scn, )
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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION JOSEPH P. HART, #195171, Petitioner, v. GARY HETZEL, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:12cv94-WHA ORDER AND OPINION On February 21, 2014, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 22). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that the petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 is DENIED and this case DISMISSED with prejudice, because (1) this court is without jurisdiction to consider Hart s challenge to his expired Houston County convictions; (2) this court is without jurisdiction to consider Hart s challenge to his current sentence imposed by the Circuit Court of Madison County; and (3) Hart fails to establish any basis for federal habeas relief. Done this the 13th day of March, 2014. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE 2