Frazier v. Giles et al (INMATE 3)

Filing 15

ORDER; that 1. The petitioner's objection 14 to the Recommendation of the Magistrate Judge filed on November 4, 2010 is overruled; 2. The Recommendation of the Magistrate Judge 13 filed on October 26, 2010 is adopted; 3. The 28 U.S.C. § 2254 petition for habeas corpus relief is DISMISSED without prejudice because Frazier has failed to properly exhaust his state court remedies. Signed by Honorable Truman M. Hobbs on 12/15/2010. (jg, )

F r a z i e r v. Giles et al (INMATE 3)

D o c . 15

IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA OF N O R T H E R N DIVISION J A M E S CALVIN FRAZIER, #177281, P e t i t io n e r , v. J . C. GILES, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) )

C A S E NO. 2:10-cv-0707-TMH WO

ORDER
A f te r an independent review of the file, it is the ORDER, JUDGMENT and DECREE o f the court that: 1 . The petitioner's objection (Doc. #14) to the Recommendation of the Magistrate J u d g e filed on November 4, 2010 is overruled; 2 . The Recommendation of the Magistrate Judge (Doc. #13) filed on October 26, 2 0 1 0 is adopted; 3 . The 28 U.S.C. § 2254 petition for habeas corpus relief is DISMISSED without p r e ju d ic e because Frazier has failed to properly exhaust his state court remedies. D O N E this the 15th day of December, 2010. /s / Truman M. Hobbs TRUMAN M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE

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