Barker v. Arthur

Filing 18

ORDER ADOPTING 17 REPORT AND RECOMMENDATION. This action is DISMISSED w/o prejudice pursuant to 28 U.S.C. Sec. 2241 to allow petitioner the opportunity to fully exhaust his state court remedies. Signed by Chief Judge Callie V. S. Granade on 3/19/09. (copy mailed to Pet on 3/20/09) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION WENDELL JOE BARKER, Petitioner, vs. STEVE ARTHUR, Respondent. : : : : : 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 Report and 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 this action be and is hereby DISMISSED without prejudice pursuant to 28 U.S.C. § 2241 to allow petitioner the opportunity to fully exhaust his state court remedies. DONE and ORDERED this 19th day of March, 2009. /s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE CIVIL ACTION 07-0741-CG-B