Green v. Daniels et al (INMATE 1)

Filing 14

ORDER and OPINION that it is ORDERED and ADJUDGED that the 13 REPORT AND RECOMMENDATION of the Mag Judge is ADOPTED and that: (1) the instant petition for habeas corpus relief is denied; (2) the petitioner's motion to dismiss is GRANTED; (3) the petition is dismissed without prejudice to afford the petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Judge Truman M. Hobbs on 3/29/13. (djy, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION ALONZO GREEN, # 179249, ) ) ) ) ) ) ) ) ) Petitioner, v. LEEPOSEY DANIELS, et al., Respondents. CIVIL ACTION NO. 2:12cv1096-TMH ORDER AND OPINION On February 25, 2013, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 13). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1. The instant petition for habeas corpus relief is denied. 2. The petitioner’s motion to dismiss is GRANTED. 3. The petition is dismissed without prejudice to afford the petitioner an opportunity to exhaust all available state court remedies. Done this the 29 th day of March, 2013. /s/ Truman M. Hobbs ________________________________________ TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE 2

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