Bivins v. Stewart et al (INMATE 1)

Filing 13

ORDERED as follows: 1) The 12 Recommendation of the Magistrate Judge is ADOPTED; 2) Petitioner Raymond Andrew Bivins's petition for habeas corpus relief is DENIED; and 3) Mr. Bivins's petition is DISMISSED without prejudice to allow him an opportunity to exhaust available state-court remedies. Signed by Chief Judge William Keith Watkins on 7/14/2017. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
RAYMOND ANDREW BIVINS,
#151172,
Petitioner,
v.
CYNTHIA STEWART, STEVEN
T. MARSHALL, and the STATE
OF ALABAMA,
Respondents.

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CASE NO. 1:17-CV-194-WKW
[WO]

ORDER
Before the court is the Recommendation of the Magistrate Judge. (Doc. # 12.)
There being no timely objection filed to the Recommendation, and based on a review
of the record, it is ORDERED as follows:
1.

The Recommendation of the Magistrate Judge (Doc. # 12) is

ADOPTED;
2.

Petitioner Raymond Andrew Bivins’s petition for habeas corpus relief

is DENIED; and
3.

Mr. Bivins’s petition is DISMISSED without prejudice to allow him an

opportunity to exhaust available state-court remedies.
A final judgment will be entered separately.

DONE this 14th day of July, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE

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