Gutierrez v. Buford et al (INMATE1)

Filing 37

ORDER directing that, after an independent review of the entire record, the court finds that the 36 Recommendation should be adopted; accordingly, it is ORDERED that (1.) The 36 Recommendation of the Magistrate Judge is ADOPTED; (2.) The petition for habeas corpus relief is DENIED; and (3.) The petition is dismissed without prejudice to afford Petitioner an opportunity to exhaust all available state court remedies; a separate judgment shall issue. Signed by Honorable Judge W. Harold Albritton, III on 2/1/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE DISTRICT COURT OF THE UNITED STATES
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
ISRAEL GUTIERREZ, #246141,

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Petitioner,
v.
TOMMY BUFORD, et al.,
Respondents.

CASE NO. 2:09-CV-429-WHA

ORDER
The Magistrate Judge entered a Recommendation (Doc. #36) in this case to which no
timely objections have been filed. After a review of the Recommendation, and after an
independent review of the entire record, the court finds that the Recommendation should be
adopted. Accordingly, it is
ORDERED that
1. The Recommendation (Doc. #36) of the Magistrate Judge is ADOPTED;
2. The petition for habeas corpus relief is DENIED; and
3. The petition is dismissed without prejudice to afford Petitioner an opportunity to
exhaust all available state court remedies.
A separate judgment shall issue.
Done this 1st day of February, 2012.

/s/ W. Harold Albritton
UNITED STATES DISTRICT JUDGE