Tomlin v. Culliver

Filing 4

ORDER ADOPTING 3 REPORT AND RECOMMENDATION. This petition is DENIED, & this action is DISMISSED w/o prejudice, so that Pet may pursue available state court remedies. Signed by Chief Judge Callie V. S. Granade on 11/3/09. (copy mailed to Pet on 11/5/09) (tot)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION PHILLIP WAYNE TOMLIN, Petitioner, vs. GRANTT CULLIVER, Respondent. : : : : : ORDER After due and proper consideration of all pleadings in this file, 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 this petition be DENIED and that this action be DISMISSED, without prejudice, so that Petitioner may pursue available state court remedies. DONE and ORDERED this 3rd day of November, 2009. CIVIL ACTION 09-0651-CG-M

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