Cody v. Tyree et al

Filing 3

MEMORANDUM OPINION. Signed by Judge Inge P Johnson on 6/11/12. (ASL)

FILED
2012 Jun-11 AM 11:26
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
PERRY LYNN CODY,

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Petitioner,
vs.
JOHN MARK TYREE, et al.,
Respondents.

6:12-CV-1787-IPJ-RRA

MEMORANDUM OPINION

This is a habeas corpus petition. The magistrate judge entered a report and
recommendation recommending that the action be dismissed to allow the petitioner to
exhaust the remedies available in state court. No objections have been filed. The court has
considered the entire file in this action, including the report and recommendation, and has
reached an independent conclusion that the report and recommendation is due to be adopted
and approved.
Accordingly, the court hereby adopts and approves the findings and recommendation
of the magistrate judge as the findings and conclusions of the court. This habeas petition is
due to be dismissed without prejudice. An appropriate order will be entered.
Done this 11th day of June 2012.

INGE PRYTZ JOHNSON
U.S. DISTRICT JUDGE