Reese v. Jones et al (INMATE 3)

Filing 29

ORDER, JUDGMENT and DECREE of the court that: (1) the petitioner's 27 objection is overruled; (2) adopting the 26 Report and Recommendation and of the Magistrate Judge; (3) the 28 USC 2254 petition for a writ of habeas corpus is DISMISSED without prejudice to afford Reese an opportunity to exhaust all state court remedies available to him. Signed by Honorable Judge Truman M. Hobbs on 3/28/13. (djy, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
EARNEST REESE, #157837,
Petitioner,
v.
KENNETH JONES, et al.,
Respondents.

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CASE NO. 3:11-cv-0955-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. #27) filed on March 12, 2013 to the

Recommendation of the Magistrate Judge is overruled;
2. The Recommendation of the Magistrate Judge (Doc. #26) filed on March 6, 2013
is adopted;
3. The 28 U.S.C. § 2254 petition for a writ of habeas corpus is DISMISSED without
prejudice to afford Reese an opportunity to exhaust all state court remedies available to him.
DONE this the 28th day of March, 2013.

/s/ Truman M. Hobbs
TRUMAN M. HOBBS
SENIOR UNITED STATES DISTRICT JUDGE