Opinion
CASE NO. 2:12-cv-183-TMH WO
04-05-2012
ARTHUR BRENNAN MALLOY, 101329, Petitioner, v. CARTER F. DAVENPORT, et al., Respondents.
ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that:
1. The petitioner's objection (Doc. #6) to the Recommendation of the Magistrate Judge filed on April 3, 2012 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #5) filed on March 20, 2012 and is adopted;
3. That the petition for habeas corpus relief filed by Mallory is DENIED and this case is DISMISSED without prejudice to allow petitioner to complete his appeal in Mallory v. Wise, et al., Civil Action No. 09-cv-964-TMH.
Truman M. Hobbs
SENIOR UNITED STATES DISTRICT JUDGE