Taite v. Wayne et al (INMATE 1)

Filing 99

OPINION AND ORDER directing that upon an independent review of the file in this case and upon consideration of the 83 Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED, that the petition for habeas corpus relief be and is hereby DISMISSED without prejudice to afford the petitioner an opportunity to exhaust all state court remedies available to him. Signed by Honorable Truman M. Hobbs on 9/20/10. (scn, )

T a i t e v. Wayne et al (INMATE 1)

D o c . 99

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O RT H E R N DIVISION M A R C U S ORLANDO TAITE, #180664, P e titio n e r, v. B I L L WAYNE, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) )

C IV IL ACTION NO. 2:10cv341-TMH (WO)

O P I N I O N AND ORDER O n July 26, 2010, the Magistrate Judge filed a Recommendation in this case re c o m m e n d i n g that the petition of habeas corpus relief filed pursuant to 28 U.S.C. § 2254 b e dismissed without prejudice to afford the petitioner an opportunity to exhaust all state c o u rt remedies available to him. (Doc. # 83).Upon an independent review of the file in this c a s e and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be a n d is hereby ADOPTED, that the petition for habeas corpus relief be and is hereby D I S M I S S E D without prejudice to afford the petitioner an opportunity to exhaust all state c o u rt remedies available to him. D o n e this 20 th day of September, 2010. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

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