Moffitt v. Alabama Board of Pardons and Parole et al (INMATE3)

Filing 24

ORDER overruling petitioner's 22 objection; adopting 21 Report and Recommendations; denying the petition for habeas corpus relief; dismissing the petition without prejudice to afford Moffitt an opportunity to exhaust all available state court remedies. Signed by Honorable Truman M. Hobbs on 10/29/2008. (cc, )

Download PDF
IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION K E N N E T H E. MOFFITT, #152781, P e t i t io n e r , v. A L A B A M A BOARD OF PARDONS A N D PAROLE, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) C A S E NO. 2:08-cv-434-TMH WO 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 (Doc. #22) to the Recommendation of the Magistrate J u d g e filed on September 12, 2008 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #21) filed on August 29, 2008 is adopted; 3. The petition for habeas corpus relief is DENIED and that the petition is D IS M IS S E D without prejudice to afford Moffitt an opportunity to exhaust all available state c o u rt remedies. DONE this 29th day of October, 2008. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?