Potter v. State of Alabama et al (INMATE 2)

Filing 14

ORDER: it is ORDERED as follows: 1) The 12 Recommendation of the Magistrate Judge is ADOPTED; 2) The 1 petition for habeas corpus relief is DENIED; 3) The 1 petition for habeas corpus relief is DISMISSED without prejudice to allow Petitioner an opportunity to exhaust available state court remedies with respect to the speedy trial claim pending before this court. Signed by Chief Judge William Keith Watkins on 11/28/2017. (alm, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID POTTER, #217 756,
Petitioner,
v.
STATE OF ALABAMA,
and WALTER MYERS,
Respondents.

)
)
)
)
)
)
)
)
)
)

CASE NO. 1:17-CV-474-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 an
independent review of the record, it is ORDERED as follows:
1.

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

ADOPTED;
2.

The petition for habeas corpus relief (Doc. # 1) is DENIED;

3.

The petition for habeas corpus relief (Doc. # 1) is DISMISSED without

prejudice to allow Petitioner an opportunity to exhaust available state court remedies
with respect to the speedy trial claim pending before this court.
A final judgment will be entered separately.
DONE this 28th day of November, 2017.
/s/ W. Keith Watkins
CHIEF UNITED STATES DISTRICT JUDGE