Killingsworth v. State Of Alabama

Filing 5

ORDER ADOPTING 4 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by David Killingsworth. It is ORDERED that this action be DISMISSED without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Signed by Senior Judge Charles R. Butler, Jr on 9/24/2015. copy mailed to petitioner. (srd)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DAVID KILLINGSWORTH,

*
*
* CIVIL ACTION NO.
* 15-00182-CB-B
*
*
*
*
*

Petitioner,
v.
STATE OF ALABAMA,
Respondent.

ORDER
After due and proper consideration of all portions of
this file deemed relevant to the issue 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 DISMISSED without prejudice
pursuant

to

Rule

41(b)

of

the

Federal

Rules

of

Civil

Procedure.
DONE this 24th day of September, 2015.

s/Charles R. Butler, Jr.
UNITED STATES DISTRICT JUDGE