Johnson v. Giles et al (INMATE2)

Filing 21

ORDERED that: (1) The 20 Objection to the Supplemental Report and Recommendation of the Magistrate Judge is overruled; (2) The 12 Report and Recommendation and 19 Supplemental Report and Recommendation are adopted; and (3) the 1 petition for habeas corpus relief is DISMISSED without prejudice as further set out. Signed by Honorable Truman M. Hobbs on 12/19/2008. (cb, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF S O U T H E R N DIVISION D A V ID LAMAR JOHNSON, P e t i t io n e r , v. J . C. GILES, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) )

C A S E NO. 1:08-cv-0696-TMH

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 to the Supplemental Report and Recommendation of th e Magistrate Judge (Doc. #20) filed on December 5, 2008 is overruled; (2 ) The Report and Recommendation of the United States Magistrate Judge (Doc. # 1 2 ) and Supplemental Report and Recommendation (Doc. #19) are adopted; (3) The petition for habeas corpus relief is DISMISSED without prejudice to afford th e petitioner an opportunity to exhaust all available state court remedies. D O N E this the 19th day of December, 2008. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE