Arnold v. Kleiner

Filing 5

ORDER ADOPTING 3 REPORT AND RECOMMENDATIONS re 1 Petition for Writ of Habeas Corpus filed by Jabarie Arnold. Arnold's petition is dismissed without prejudice, prior to service, for failure to exhaust all available state remedies. Signed by Chief Judge Kristi K. DuBose on 2/22/2017. (copy to petitioner) (cmj) (Main Document 5 replaced on 2/22/2017) (cmj).

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JABARIE ARNOLD,
Petitioner,
v.
WARDEN KLEINER,
Respondent.

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Civil Action No. 17-0030-KD-B

ORDER
After due and proper consideration of the issues raised,
and a de novo determination of those portions of the
Recommendation to which objection is made (doc. 4), the
Recommendation of the Magistrate Judge made under 28 U.S.C. §
636(b)(1)(B) (doc. 3) is adopted as the opinion of this Court.
Accordingly, Petitioner's 28 U.S.C. § 2241 petition is
DISMISSED without prejudice, prior to service, for failure to
exhaust all available state remedies.
DONE this the 22nd day of February 2017.
s/ Kristi K. DuBose
KRISTI K. DuBOSE
CHIEF UNITED STATES DISTRICT JUDGE