Powell v. Oliver et al

Filing 23

ORDER ADOPTING 22 REPORT AND RECOMMENDATION recommending that 1 Petition for Writ of Habeas Corpus be DISMISSED without prejudice for failure to exhaust state court remedies & further recommending that Pet be found not entitled either to a Certificate of Appealability or to proceed in forma pauperis on appeal. Signed by Judge Callie V. S. Granade on 5/27/2015. copy mailed. (sdb)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA NORTHERN DIVISION WILLIE JAMES POWELL, AIS # 00151747 Petitioner, vs. WANDA LIGHTNER, Warden, Mobile Community Based Facility/ Community Work Center, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 14-0064-CG-N ORDER After due and proper consideration of 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) and dated April 20, 2015, is ADOPTED as the opinion of this Court. Accordingly, it is ORDERED that the Petitioner’s petition for habeas corpus relief (Doc. 1) is DISMISSED without prejudice for failure to exhaust his state court remedies and that the Petitioner is not entitled to a Certificate of Appealability or to appeal in forma pauperis. DONE and ORDERED this 27th day of May, 2015. /s/ Callie V. S. Granade UNITED STATES DISTRICT JUDGE

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