Nixon v. Hassell et al

Filing 11

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 6/10/14. (SAC )

FILED
2014 Jun-10 AM 09:21
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SHANNON DEWAYNE NIXON,
Petitioner,
v.
SCOTT HASSELL Warden, and
the ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Respondents,

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4:14-cv-0468-KOB-JEO

MEMORANDUM OPINION
Petitioner Shannon Dewayne Nixon, an Alabama state prisoner acting pro
se, filed this action seeking habeas relief pursuant to 28 U.S.C. § 2254. On May 9,
2014, the magistrate judge entered a report pursuant to 28 U.S.C. § 636(b),
recommending that the court dismiss this action without prejudice to allow the
Petitioner the opportunity to exhaust available state remedies. (Doc. 10). No
party has filed any objections.
The court has carefully reviewed and considered de novo all the materials in
the court file, including the magistrate judge’s report and recommendation. The
court ADOPTS the magistrate judge’s report and ACCEPTS his recommendation
to dismiss this habeas action without prejudice to give the Petitioner an
opportunity to exhaust his available state remedies. As such, the court finds that

this action is due to be DISMISSED WITHOUT PREJUDICE.
The court will enter a separate final Order.
DONE and ORDERED this 10th day of June, 2014.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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