Riley v. Jones et al (INMATE3)

Filing 26

ORDER, Judgment and Decree of the court that: 1) The petitioner's Objection to the Mag Judge Recommendation doc. 25 ) filed on 11/18/08 is overruled; 2) ADOPTING 18 REPORT AND RECOMMENDATIONS; 3) The petition for habeas corpus relief is dismissed without prejudice to afford the petitioner an opportunity to exhaust all state court remedies available to him. Signed by Honorable Truman M. Hobbs on 12/16/08. (Attachments: # 1 appeals checklist)(vma, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION M E G A L E GARCIA RILEY, P e t i t io n e r , v. K E N N E T H JONES, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) )

C A S E NO. 2:08-cv-0425-TMH

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: (1 ) The petitioner's Objection to the Magistrate Judge Recommendation (Doc. #25) f ile d on November 18, 2008 is overruled; (2 ) The Recommendation of the United States Magistrate Judge (Doc. #18) entered o n August 28, 2008 is adopted; (3) The petition for habeas corpus relief is DISMISSED without prejudice to afford th e petitioner an opportunity to exhaust all state court remedies available to him. D O N E this the 16th day of December, 2008. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE