Flournoy v. State of Alabama Department of Corrections et al (INMATE 2)

Filing 13

ORDER ADOPTING 12 REPORT AND RECOMMENDATION of the Mag Judge; DISMISSING the petition for habeas corpus relief without prejudice to afford petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Truman M. Hobbs on 6/10/10. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION DONNELL FLOURNOY, # 126385, P et it io ne r, v. ) ) ) ) ) ) ) ) ) ) O RDER T h e Magistrate Judge entered a Recommendation (Doc. #12) 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. #12) of the Magistrate Judge is A D O P T E D . The petition for habeas corpus relief is DISMISSED without prejudice to afford P e titio n e r an opportunity to exhaust all available state court remedies. A separate judgment shall issue. D o n e this 10th day of June, 2010. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE CASE NO. 1:10-cv-144-TMH STATE OF ALA. D.O.C., et al., Respondents.

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