Clark v. Boyd

Filing 15

ORDER ADOPTING 12 REPORT AND RECOMMENDATIONS re 1 Petition & 6 Petition for Writ of Habeas Corpus filed by Roy L. Clark stating that this action be dismissed without prejudice because Clark has failed to exhaust his available state remedies. Signed by Judge Kristi K. DuBose on 9/21/09. (copy mailed) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ROY L. CLARK, Petitioner, vs. LOUIS BOYD, Respondent. : : : : : 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 dated July 28, 2009 and 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 so that Petitioner may pursue unexhausted state remedies. DONE and ORDERED this the 21st day of September 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE CIVIL ACTION 08-00657-KD-B

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