Lloyd v. Alabama Department of Corrections et al (INMATE 3)

Filing 23

ORDER: 1. The plaintiff's 22 Objection to the Recommendation of the Magistrate Judge is OVERRULED; 2. The 21 Recommendation of the Magistrate Judge is ADOPTED; 3. The petition for habeas corpus relief is DISMISSED without prejudice to afford Lloyd an opportunity to exhaust all state court remedies available to him. Signed by Honorable Ira De Ment on 2/24/2010. (dmn)

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION R O B E R T S. LLOYD, #250886, P e titio n e r, v. A L A B A M A DEPARTMENT OF C O R R E C T IO N , et al., R e sp o n d e n ts . ) ) ) ) ) ) ) ) ) C A S E NO. 2:09-CV-852-ID ORDER O n January 19, 2010, the Magistrate Judge filed a Report and Recommendation in th is case. (Doc. #21.) After an independent review of the file, it is hereby CONSIDERED a n d ORDERED that: 1 . The plaintiff's objection (Doc. # 22) to the Recommendation of the Magistrate J u d g e , filed on January 25, 2010, be and the same is hereby OVERRULED; 2 . The Recommendation of the Magistrate Judge (Doc. #21) filed on January 19, 2 0 1 0 , be and the same is hereby ADOPTED; 3 . The petition for habeas corpus relief is DISMISSED without prejudice to afford L lo y d an opportunity to exhaust all state court remedies available to him. DONE this the 24th day of February, 2010. /s/ Ira DeMent SENIOR UNITED STATES DISTRICT JUDGE

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