Givhan v. Albright et al (INMATE3)

Filing 14

OPINION AND ORDER that the 13 Recommendation of the Magistrate Judge beand is hereby ADOPTED, that the petition for habeas corpus relief be and is hereby DISMISSED without prejudice to afford the petitioner an opportunity to exhaust all state court remedies available to her. Signed by Honorable Truman M. Hobbs on 5/11/2009. (cb, )

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION B R E N D A JOYCE GIVHAN, #133055, P e titio n e r, v. F R A N K ALBRIGHT, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:09cv56-TMH (WO)

O P I N IO N AND ORDER O n April 14, 2009, the Magistrate Judge filed a Recommendation in this case re c o m m e n d in g that the petition of habeas corpus relief filed pursuant to 28 U.S.C. § 2254 b e dismissed without prejudice to afford the petitioner an opportunity to exhaust all state c o u rt remedies available to her. (Doc. # 13).Upon an independent review of the file in this c a s e and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED, that the petition for habeas corpus relief be and is hereby D IS M I S S E D without prejudice to afford the petitioner an opportunity to exhaust all state co u rt remedies available to her. D o n e this 11 th day of May 2009. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE