Summers v. Thomas et al (INMATE 1)

Filing 47

ORDER: This case is before the court on the 43 Recommendation of the Magistrate Judge entered on 1/27/2014, together with the Respondents' 46 Objections, filed on 2/21/2014. Following an independent evaluation and de novo review of the file in this case, the court finds the objections to be without merit, and they are hereby OVERRULED. The court ADOPTS the 43 Recommendation of the Magistrate Judge, and it is hereby ORDERED as follows: 1. The 1 Petition for habeas corpus relief is DENIED. 2. The petition is DISMISSED without prejudice to afford the Petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Judge W. Harold Albritton, III on 3/5/2014. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

DANIEL ADAM SUMMERS, #259031,
Petitioner,
vs.
WILLIE THOMAS, et al.,
Respondents.

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CASE NO. 3:12cv-686-TMH

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #43),
entered on January 27, 2014, together with the Respondents’ Objections (Doc. #46), filed on
February 21, 2014.
Following an independent evaluation and de novo review of the file in this case, the court
finds the objections to be without merit, and they are hereby OVERRULED. The court
ADOPTS the Recommendation of the Magistrate Judge, and it is hereby ORDERED as follows:
1. The petition for habeas corpus relief is DENIED.
2. The petition is DISMISSED without prejudice to afford the Petitioner an opportunity
to exhaust all available state court remedies.
DONE this 5th day of March, 2014.

/s/ W. Harold Albritton
UNITED STATES DISTRICT JUDGE