Freeman v. Davenport et al (INMATE 3)

Filing 11

ORDER ADOPTING 10 Recommendation of the Magistrate Judge and that this case is DISMISSED WITHOUT PREJUDICE to allow Mr. Freeman to exhaust his state-court remedies regarding the claims he has raised in the state courts. A judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 7/13/2015. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
TERAE STEFUN FREEMAN,
# 290080,
Petitioner,
v.
CARTER F. DAVENPORT, et al.,
Respondents.

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CASE NO. 1:15-CV-226-WKW

ORDER
This case is before the court on a petition for writ of habeas corpus under 28
U.S.C. § 2254 filed by state inmate Terae Stefun Freeman on April 8, 2015. (Doc.
# 1.) On June 12, 2015, the Magistrate Judge filed a Recommendation (Doc. # 10)
to which Mr. Freeman has not objected. See 28 U.S.C. § 636(b). The Report,
which contains proposed findings of fact and conclusions of law, recommends that
this court dismiss this action without prejudice to allow Mr. Freeman to exhaust his
state-court remedies regarding claims that he is currently pursuing in state Rule 32
proceedings and that he intends to add to his § 2254 petition if he does not prevail
in the state courts.
Upon an independent review of the file in this case, it is ORDERED that the
Recommendation is ADOPTED and that this case is DISMISSED WITHOUT

PREJUDICE to allow Mr. Freeman to exhaust his state-court remedies regarding
the claims he has raised in the state courts.
A final judgment will be entered separately.
DONE this 13th day of July, 2015.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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