Lingo v. Forniss, et al (INMATE 1), No. 1:2012cv00810 - Document 20 (M.D. Ala. 2012)
Court Description: OPINION and ORDER directing that, upon an independent review of the file in this case and upon consideration of the 19 Recommendation of the Magistrate Judge, it is ORDERED that the Recommendation be and is hereby ADOPTED, the petitioner's [17 ] motion to dismiss be and is hereby GRANTED and the petition for habeas corpus relief be and is hereby DENIED; further ORDERED that this case be and is hereby DISMISSED without prejudice to afford the petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Judge Truman M. Hobbs on 12/4/12. (scn, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION RALPH WILSON LINGO, #190083, Petitioner, v. LEON FORNISS, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:12cv810-TMH (WO) OPINION and ORDER On November 7, 2012, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED that the Recommendation be and is hereby ADOPTED, the petitioner s motion to dismiss be and is hereby GRANTED and the petition for habeas corpus relief be and is hereby DENIED. It is further ORDERED that this case be and is hereby DISMISSED without prejudice to afford the petitioner an opportunity to exhaust all available state court remedies. Done this the 4th day of December, 2012. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE
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