Mims v. Ferrell et al

Filing 18

ORDER ADOPTING 15 REPORT AND RECOMMENDATION. This action is DISMISSED w/o prejudice for Pet's failure to exhaust his available state remedies. Signed by Chief Judge Callie V. S. Granade on 10/8/09. (copy mailed to Pet on 10/9/09) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION MARIO MIMS, Petitioner, vs. WARDEN JERRY FERRELL, et al., Respondents. : : : : : : : : :

CIVIL ACTION 07-0790-CG-B

ORDER After due and proper consideration of all portions of this file deemed relevant to the issues 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 for petitioner's failure to exhaust his available state remedies. DONE and ORDERED this 8th day of October, 2009.

/s/ Callie V. S. Granade CHIEF UNITED STATES DISTRICT JUDGE