Williams v. Torbert et al (INMATE2)

Filing 29

ORDER ADOPTING 26 REPORT AND RECOMMENDATIONS; granting 25 Motion to Dismiss filed by Corey Lee Williams; The petition pursuant to 28 USC 2254 is dismissed without prejudice to afford Petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Truman M. Hobbs on 2/26/09. (Attachments: # 1 appeals checklist)(vma, )

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IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION C O R E Y LEE WILLIAMS, #176 424, P e titio n e r, v. S T A T E OF ALABAMA, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) ) Civil Action No. 3:08cv835-TMH ORDER T h e Magistrate Judge filed a Recommendation (Doc. #26) in this case to which no tim e ly objections have been filed. After a review of the Recommendation, and after an in d e p e n d e n t review of the entire record, the Court believes that the Recommendation should b e adopted. Accordingly, it is ORDERED that the RECOMMENDATION (Doc. #26) of the Magistrate Judge is A D O PTED . Petitioner's Motion to Dismiss Habeas Corpus Petition (Doc. #25) is G R A N T E D . The petition pursuant to 28 U.S.C. 2254 is DISMISSED without prejudice to afford Petitioner an opportunity to exhaust all available state court remedies. A n appropriate judgment will be entered. D o n e this 26th day of February, 2009. /s / Truman M. Hobbs U N IT E D STATES DISTRICT JUDGE

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