Brown v. State of Alabama et al (INMATE2)

Filing 11

ORDER and Opinion it is Ordered and Adjudged that the Recommendation of the Mag Judge be and is hereby odopted and that the petition for habeas corpus relief is denied and that the petition is dismissed without prejudice to afford Brown an opportunity to exhaust all available state court remedies. Signed by Honorable W. Harold Albritton, III on 2/18/09. (Attachments: # 1 appeals checklist)(vma, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION JAMES R. BROWN, Petitioner, v. STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:08cv795-WHA ( W O) ORDER AND OPINION On January 27, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 10). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that the petition for habeas corpus relief is DENIED and that the petition is DISMISSED without prejudice to afford Brown an opportunity to exhaust all available state court remedies. Done this the 18th day of February, 2009. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE

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