Barber v. Alabama, State of et al

Filing 8

MEMORANDUM OPINION AND ORDER that the Court ADOPTS the Report and ACCEPTS the Recommendation of the Magistrate Judge; the petition for writ of habeas corpus is DISMISSED without prejudice; as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 8/22/2012. (AHI)

FILED
2012 Aug-22 AM 11:24
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DONALD JOE BARBER,
Petitioner,
vs.
THE STATE OF ALABAMA
and MIKE HALE,
Respondents.

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Case No: 2:12-cv-2305-CLS-PWG

MEMORANDUM OPINION AND ORDER
This case is before the court on the petition for a writ of habeas corpus case
filed by Donald Joe Barber (doc. no. 1). On July 13, 2012, the magistrate judge
entered a report recommending that the action is due to be dismissed without
prejudice (doc. no. 7). No objections have been filed.
Having carefully reviewed and considered de novo all the materials in the court
file, the court is of the opinion that the magistrate judge’s findings are due to be, and
they hereby are, ADOPTED, and the recommendation is ACCEPTED. Accordingly,
the petition for writ of habeas corpus is due to be DISMISSED without prejudice.
DONE and ORDERED this 22nd day of August, 2012.

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United States District Judge