Hardwick v. Albright et al

Filing 15

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

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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. ) ) ) ) ) ) ) ) ) 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. ____________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE

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