Cosby v. Jones et al (INMATE 1)

Filing 11

ORDER: it is ORDERED as follows: 1) The 10 Recommendation of the Magistrate Judge is ADOPTED; 2) Petitioner's 1 petition for habeas corpus relief is DENIED; and 3) This case is DISMISSED without prejudice to allow Petitioner an opportunity to exhaust available state-court remedies. Signed by Chief Judge William Keith Watkins on 11/8/2017. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION WESLEY JOE COSBY, # 286132, ) ) Petitioner, ) ) v. ) CASE NO.: 3:17-CV-558-WKW ) [WO] KARLA JONES and ) STEVEN T. MARSHALL, the Attorney ) General for the State of Alabama, ) ) Respondents. ) ORDER Before the court is the Recommendation of the Magistrate Judge. (Doc. # 10.) There being no timely objection filed to the Recommendation, and based on an independent review of the record, it is ORDERED as follows: 1. The Recommendation of the Magistrate Judge (Doc. # 10) is ADOPTED; 2. Petitioner’s petition for habeas corpus relief (Doc. # 1) is DENIED; and 3. This case is DISMISSED without prejudice to allow Petitioner an opportunity to exhaust available state-court remedies. A separate final judgment will be entered. DONE this 8th day of November, 2017. /s/ W. Keith Watkins CHIEF UNITED STATES DISTRICT JUDGE

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