Phillips v. Cochran

Filing 14

ORDER ADOPTING 13 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Robert E. Phillips. The petition is dismissed without prejudice to afford him an opportunity to exhaust all available state remedies. Signed by Judge Kristi K. DuBose on 9/20/2013. (copy to petitioner) (cmj)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ROBERT E. PHILLIPS, # 0083516, Petitioner, ) ) ) ) ) ) ) v. SAM COCHRAN, Respondent. CIVIL ACTION NO. 13-00039-KD-C ORDER After due and proper consideration of all issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge (Doc. 13) made under 28 U.S.C. § 636(b)(1)(B) and dated August 14, 2013, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that Petitioner’s habeas corpus petition (Doc. 1), filed pursuant to 28 U.S.C. § 2241, be DISMISSED WITHOUT PREJUDICE due to his failure to exhaust all available state court remedies. Petitioner is not entitled to a certificate of appealability, and he is not entitled to appeal in forma pauperis. DONE and ORDERED this the 20th day of September 2013. /s/ Kristi K. DuBose KRISTI K. DuBOSE UNITED STATES DISTRICT JUDGE

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