Marshall v. Richie et al (INMATE 3)

Filing 18

OPINION and ORDER: it is ORDERED that the 16 Recommendation of the Magistrate Judge be and is hereby ADOPTED, the petitioner's 17 objections be and are hereby OVERRULED, the 1 petition for writ of habeas corpus filed by Marshall on September 19, 2018, be and is hereby DENIED without prejudice. Signed by Honorable Judge Emily C. Marks on 1/9/2019. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
SAMUEL L. MARSHALL,

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Petitioner,
v.
PATRICE RICHIE, et al.,
Respondents.

CIV. ACT. NO. 2:18cv808-ECM
[WO]

OPINION and ORDER
On November 30, 2018, the Magistrate Judge entered a Recommendation
dismissing the petitioner’s habeas petition without prejudice for Marshall’s failure to
exhaust his available state remedies petition. (Doc. 16)

On December 19, 2018, the

plaintiff filed objections to the Recommendation of the Magistrate Judge. (Doc. 17) The
Court has carefully reviewed the record in this case, the Recommendation of the Magistrate
Judge, and the petitioner’s objections. Upon an independent review of the file in this case
and for good cause, it is
ORDERED that the Recommendation of the Magistrate Judge be and is hereby
ADOPTED, the petitioner’s objections be and are hereby OVERRULED, the petition for
writ of habeas corpus filed by Marshall on September 19, 2018, be and is hereby DENIED
without prejudice.
DONE this 9th day of January, 2019.

/s/ Emily C. Marks
UNITED STATES DISTRICT JUDGE