McCants v. Boyd et al (INMATE2)

Filing 15

ORDER ADOPTING 12 Report and Recommendations. The petition pursuant to 28 U.S.C. § 2254 is DISMISSED without prejudice to allow Petitioner to complete exhaustion of available state remedies. An appropriate judgment will be entered. Signed by Honorable Truman M. Hobbs on 12/30/2008. (cb, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION D A L E JEROME McCANTS, P e titio n e r, v. LOUIS BOYD, WARDEN, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) Civil Action No. 2:08cv783-TMH ORDER T h e Magistrate Judge filed a Recommendation (Doc. #12) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #12) of the Magistrate Judge is A D O P T E D . The petition pursuant to 28 U.S.C. 2254 is DISMISSED without prejudice to allow Petitioner to complete exhaustion of available state remedies. An appropriate ju d g m e n t will be entered. D o n e this 30th day of December, 2008. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE

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