Hardwick v. Albright et al

Filing 15

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 11/17/14. (SAC )

FILED
2014 Nov-17 AM 11:29
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
ERWIN WENDALE HARDWICK,
Petitioner,
vs.
FRANK ALBRIGHT, Warden; et al.,
Respondents.

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Case No. 4:13-cv-848-KOB-TMP

MEMORANDUM OPINION
The magistrate judge filed his report and recommendation on October 8, 2014, recommending
dismissal of petitioner's 28 U.S.C. § 2241 petition for habeas corpus relief for failure to exhaust
available state court remedies. (R. 14). No party filed any objections.
Having now carefully considered de novo all the materials in the court file, including the
report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his
recommendation that the court dismiss this action without prejudice. The court finds that the petion
for habeas corpus relief pursuant to 28 U.S.C. § 2241 in the above-styled cause is due to be
DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies.
DONE and ORDERED this 17th day of November, 2014.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE