Malloy v. Wise et al (INMATE 1)

Filing 35

ORDER, JUDGMENT and DECREE of the court that: 1) The petitioner's 34 Objection to the Recommendation of the Magistrate Judge is overruled; 2) The 33 Recommendation of the Magistrate Judge is adopted; 3) That the petition for habeas corpus relief is DENIED and the petition is DISMISSED without prejudice to afford petitioner an opportunity to exhaust all state court remedies available to him. Signed by Honorable Truman M. Hobbs on 3/18/2010. (wcl, )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA OF NORTHERN DIVISION ARTHUR BRENNAN MALLOY,
I,,

Petitioner,

DAVID WISE, et al., Respondents.

) ) ) ) CASE NO. 2:09-cv-964-TMH WO ) ) ) )

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and I)ECREE of the court that: 1. The petitioner's objection (Doc. #34) to the Recommendation of the Magistrate Judge filed on March 17, 2010 is overruled; 2. The Recommendation of the Magistrate Judge (Doc. #33) filed on March 5, 2010 is adopted; 3. That the petition for habeas corpus relief is DENIED and the petition is DISMISSED without prejudice to afford petitioner an opportunity to exhaust all state court remedies available to him. DONE this the /_ day of March, 2010.

TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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