Parker v. Ellington et al (INMATE 2)

Filing 11

OPINION AND ORDER ADOPTING the 10 recommendation of the Mag Judge; DISMISSING this case without prejudice. Signed by Honorable Truman M. Hobbs on 6/29/09. (djy, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION M A R IS A KAY PARKER, A IS # 258428, P e titio n e r, v. E D WA R D ELLINGTON., et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 1:09cv303-TMH (W O )

O P I N I O N and ORDER T h is litigation is now before the court on the recommendation of the United States M a g is tra te Judge entered on June 10, 2009 (doc. # 10), that this case be dismissed without p r e ju d ic e to afford the petitioner an opportunity to exhaust all available state court remedies. A f te r a review of the recommendation, to which no timely objections have been filed, and a f te r an independent review of the entire record, the court believes that the recommendation sh o u ld be adopted. Accordingly, it is O R D E R E D and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED and that this case be and is hereby DISMISSED without prejudice. A n appropriate judgment will be entered. D o n e this the 29 th day of June, 2009. /s / Truman M. Hobbs _ _ _______ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE