Beamon v. Cummins et al (INMATE1)
ORDER directing that: 1) The 20 Recommendation of the Magistrate Judge is ADOPTED; 2) The petition for habeas corpus relief be DENIED; and 3) This case be DISMISSED without prejudice to afford the petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Ira De Ment on 10/7/2009. (wcl, )
THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J A M E S BEAMON, #166666, P e titio n e r , v. JO H N CUMMINS, et al. , R e s p o n d e n ts . ) ) ) ) ) ) ) ) )
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O n September 18, 2009, the Magistrate Judge filed a Recommendation (Doc. 20) in th is 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: 1. 2. 3. T h e Recommendation (Doc. 20) 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 7 th day of October, 2009.
/s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE
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