Holiday v. Hetzel, et al (INMATE 2), No. 2:2012cv00556 - Document 4 (M.D. Ala. 2012)

Court Description: OPINION and ORDER that it is ORDERED and ADJUDGED that the 2 REPORT AND RECOMMENDATION of the Mag Judge be and is hereby ADOPTED, and this petition filed pursuant to 28 USC 2254 be and is hereby DISMISSED as it represents a copy of a habeas corpus application recently filed by petitioner which is currently pending before the court. Signed by Honorable Judge Truman M. Hobbs on 8/31/12. (djy, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION LEONARD HOLIDAY, # 221251, Petitioner, v. WARDEN HETZEL, et al., Respondents. ) ) ) ) ) ) ) ) ) CASE NO. 2:12-cv-556-TMH [wo] OPINION and ORDER On July 2, 2012 the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc.2). 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 this petition filed pursuant to 28 U.S.C. ยง 2254 be and is hereby DISMISSED as it represents a copy of a habeas corpus application recently filed by Petitioner which is currently pending before the court. See Holiday v. Hetzel, Civil Action No. 2:12-CV-529-TMH. DONE this 31st day of August, 2012. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE