Greer-El v. Culliver et al (INMATE2)

Filing 32

VACATED PURSUANT TO 35 ORDER. ORDER adopting 27 Report and Recommendations; that the petition for habeas corpus relief is DISMISSED without prejudice to afford petitioner an opportunity to exhaust all available state court remedies. Signed by Hon. Chief Judge Mark E. Fuller on 6/22/2009. (cc, ) Modified on 7/7/2009 (cc, ).

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA E A S T E R N DIVISION J E R O M E GREER-EL, #185535, P e titio n e r, v. W A R D E N CULLIVER, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) )

C A S E NO. 3:08cv1013-MEF

ORDER
O n May 28, 2009, the Magistrate Judge filed a Recommendation in this case to which n o timely objections have been filed. (Doc. # 27). 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 is A D O P T E D and that the petition for habeas corpus relief is DISMISSED without prejudice to afford petitioner an opportunity to exhaust all available state court remedies. Done this the 22n d day of June, 2009.

/s/ Mark E. Fuller CHIEF UNITED STATES DISTRICT JUDGE