Shabazz v. State of Alabama et al (INMATE 2)

Filing 23

ORDER, JUDGMENT AND DECREE of the court that: (1) the petitioner's objection 22 is overruled; (2) the 20 REPORT AND RECOMMENDATION of the Mag Judge is adopted; (3) the petition for habeas corpus relief is DENIED and the petition is DISMISSED without prejudice to afford petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Truman M. Hobbs on 10/30/08. (djy, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION H A S H IM ASAAD-MUHAMMED SH A BA ZZ, P e t i t io n e r , v. S T A T E OF ALABAMA, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) )

C A S E NO. 1:08-cv-584-TMH WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The petitioner's objection (Doc. #22) to the Recommendation of the Magistrate J u d g e filed on October 8, 2008 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #20) filed on September 24, 2 0 0 8 is adopted; 3 . The petition for habeas corpus relief is DENIED and the petition is DISMISSED w ith o u t prejudice to afford petitioner an opportunity to exhaust all available state court re m e d ie s . DONE this 30th day of October, 2008.

/s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE