Johnson v. Hooks

Filing 22

ORDER ADOPTING 21 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Gregory Allen Johnson, recommending that the petition be denied without prejudice as this Court does not have jurisdiction to consider the merits of Petitioner's claim due to hs failure to exhaust his administrative remedies prior to filing suit. Signed by Judge Kristi K. DuBose on 6/4/09. (cmj) (copy mailed to petitioner)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION GREGORY ALLEN JOHNSON Petitioner, v. RALPH HOOKS, Respondent. ) ) ) ) ) CIVIL ACTION NO. 06-00740-KD-B ORDER After due and proper consideration of all portions of this file deemed relevant to the issue raised, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. 636(b)(1)(B) is ADOPTED as the opinion of this Court. It is ORDERED that petitioner's petition for habeas corpus relief is hereby DISMISSED without prejudice for lack of subject matter jurisdiction. DONE this 4th day of June, 2009. s/Kristi K. DuBose KRISTI K. DuBOSE UNITED STATE DISTRICT JUDGE

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