Bass v. Hetzel et al
ORDER ADOPTING REPORT AND ACCEPTING RECOMMENDATIONS the petition for writ of habeas corpus is DISMISSED WITHOUT PREJUDICE to allow petitioner to pursue state court remedies; in the alternative, the petition for writ of habeas corpus is DISMISSED for failure to comply with 28:2244(b)(3)(A). Signed by Judge Inge P Johnson on 6/26/12. (ASL)
2012 Jun-26 PM 02:07
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
GARY HETZEL, Warden, and
THE ATTORNEY GENERAL OF
THE STATE OF ALABAMA,
Case No. 5:12-cv-02080-IPJ-HGD
On June 11, 2012, the magistrate judge’s report and recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. On June 13, 2012,
petitioner filed objections to the magistrate judge’s report and recommendation.
After careful consideration of the record in this case, the magistrate judge’s
report and recommendation and the petitioner’s objections thereto, the court hereby
ADOPTS the report of the magistrate judge. The court further ACCEPTS the
recommendations of the magistrate judge and it is, therefore,
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ORDERED, ADJUDGED and DECREED that the petition for writ of habeas
corpus in this action be and the same hereby is DISMISSED WITHOUT PREJUDICE
to allow petitioner to pursue state court remedies. In the alternative, it is ORDERED,
ADJUDGED and DECREED that the petition for writ of habeas corpus in this action
is due to be and hereby is DISMISSED for failure to comply with 28 U.S.C.
DONE this 26th day of June, 2012.
INGE PRYTZ JOHNSON
U.S. DISTRICT JUDGE
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