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)

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.

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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