Holiday v. Hetzel, et al (INMATE 2)

Filing 7

ORDER directing that, after an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that: (1) The petitioner's 6 objection to the Recommendation of the Magistrate Judge is overruled; (2) The 4 Recommendation of t he Magistrate Judge is adopted; (3) The present action, considered a petition for habeas corpus relief pursuant to 28 U.S.C. § 2241, filed by petitioner is DISMISSED without prejudice to afford him an opportunity to exhaust all available administrative remedies. Signed by Honorable Judge Truman M. Hobbs on 8/31/12. (Attachments: # 1 Civil Appeals Checklist)(scn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
LEONARD JEROME HOLIDAY,

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Petitioner,
v.
GARY HETZEL, et al.,
Respondents.

CASE NO. 2:12-cv-0529-TMH
WO

ORDER
After an independent review of the file, it is the ORDER, JUDGMENT and DECREE
of the court that:
1. The petitioner's objection (Doc. #6) to the Recommendation of the Magistrate
Judge filed on August 2, 2012 is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #4) filed on July 18, 2012 is
adopted;
3. The present action, considered a petition for habeas corpus relief pursuant to 28
U.S.C. § 2241, filed by petitioner is DISMISSED without prejudice to afford him an
opportunity to exhaust all available administrative remedies.
DONE this the 31st day of August, 2012.
/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE