Eddins v. Giles et al (INMATE1)

Filing 19

OPINION AND ORDER ADOPTING 18 Report and Recommendations and that the instant 28 USC 2254 petition for habeas corpus relief be and is hereby dismissed without prejudice to afford the petitioner an opportunity to fully exhaust all available state court remedies. Signed by Honorable W. Harold Albritton, III on 2/5/09. (Attachments: # 1 appeals checklist)(vma, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION GREGORY JAMES EDDINS, #237521, Petitioner, v. J.C. GILES, et al., Respondents. ) ) ) ) ) CIVIL ACTION NO. 2:08cv869-WHA ) ) ( W O) ) )

OPINION and ORDER On January 16, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that the Recommendation be and is hereby ADOPTED and that the instant 28 U.S.C. § 2254 petition for habeas corpus relief be and is hereby DISMISSED without prejudice to afford the petitioner an opportunity to fully exhaust all available state court remedies. Done this 5th day of February, 2009.

/s/ W. Harold Albritton W. HAROLD ALBRITTON SENIOR UNITED STATES DISTRICT JUDGE