Carter v. Reed et al (INMATE2)

Filing 16

ORDER ADOPTING 15 Report and Recommendations; The petition pursuant to 28 USC 2254 is dismissed without prejudice to afford Petitioner an opportunity to exhaust all available state court remedies. Signed by Hon. Chief Judge Mark E. Fuller on 4/6/09. (Attachments: # 1 appeals checklist)(vma, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION M O S E S CARTER, JR., #59721, P e titio n e r, v. T H E ATTORNEY GENERAL OF T H E STATE OF ALABAMA, et al., R e sp o n d e n ts . ) ) ) ) ) ) ) ) ) )

C A S E NO.: 1:08-cv-1005-MEF

ORDER
T h e Magistrate Judge entered a Recommendation (Doc. #15) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #15) of the Magistrate Judge is A D O P T E D . The petition pursuant to 28 U.S.C. § 2254 is DISMISSED without prejudice to afford Petitioner an opportunity to exhaust all available state court remedies. D o n e this the 6th day of April, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE