Riley v. Jones et al (INMATE1)

Filing 28

ORDER adopting 27 RECOMMENDATION of the Magistrate Judge; denying the habeas corpus petition; dismissing the case without prejudice to afford the petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Truman M. Hobbs on 10/22/2009. (br, )

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THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION DAVID ANDREW RILEY, AIS #247928, Petitioner, v. STATE OF ALABAMA, et al., Respondents. ) ) ) ) ) ) ) ) ) 2:09-CV-289-TMH WO ORDER O n September 30, 2009, the Magistrate Judge filed a Recommendation (Doc. 27) in th is case to which no timely objections have been filed. Upon an independent review of the f ile in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that: 1. 2. 3. T h e Recommendation (Doc. 27) of the Magistrate Judge is ADOPTED; T h e petition for habeas corpus relief be DENIED; and T h is case be DISMISSED without prejudice to afford the petitioner an o p p o r tu n ity to exhaust all available state court remedies. A n appropriate judgment will be entered. D o n e this 22nd day of October, 2009. /s / Truman M. Hobbs S E N IO R UNITED STATES DISTRICT JUDGE

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