Phillips v. Culliver

Filing 5

ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Alvin Phillips, recommending that this action be dismissed without prejudice as set out. Signed by Judge Kristi K. DuBose on 2/5/09. (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ALVIN PHILLIPS, Petitioner, vs. GRANT CULLIVER, Respondent. : : : : : : : : : CIVIL ACTION 08-0707-KD-M 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 failure to prosecute and to obey the Court's Order. DONE this 5th day of February, 2009. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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