Skipper v. Hetzel et al (INMATE 1)

Filing 18

ORDERED that: (1) the [17 Recommendation of the Magistrate Judge is adopted; (2) the petitioner's 16 Motion to Dismiss is granted; (3) the petition for habeas corpus is denied and (4) this case be dismissed without prejudice to afford the peti tioner an opportunity to exhaust all available state court remedies. Signed by Honorable Truman M. Hobbs on 11/16/09. (sl, ) (Additional attachment(s) added on 11/16/2009: # 1 Corrected Order) (sl, ). Modified on 11/16/2009 to attach the corrected pdf denoting the Southern Division rather than Northern Division. (sl, ).

THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION C R A IG SKIPPER, #146391, Petitioner, v. GARY HETZEL, et al., Respondents. ) ) ) ) ) ) ) ) )

1:09-CV-870-TMH WO

ORDER
O n October 28, 2009, the Magistrate Judge filed a Recommendation (Doc. 17) in this c a se to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is O R D E R E D that: 1. 2. 3. 4. T h e Recommendation (Doc. 17) of the Magistrate Judge is ADOPTED; T h e petitioner's motion to dismiss be GRANTED; T h e petition for habeas corpus relief be DENIED; and T h is case be DISMISSED without prejudice to afford the petitioner an o p p o r tu n ity to exhaust all available state court remedies. A n appropriate judgment will be entered. D o n e this 16th day of November, 2009. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE