Parker v. Ellington et al (INMATE 2), No. 1:2009cv00303 - Document 11 (M.D. Ala. 2009)

Court Description: OPINION AND ORDER ADOPTING the 10 recommendation of the Mag Judge; DISMISSING this case without prejudice. Signed by Honorable Truman M. Hobbs on 6/29/09. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION MARISA KAY PARKER, AIS # 258428, ) ) ) ) ) ) ) ) ) ) Petitioner, v. EDWARD ELLINGTON., et al., Respondents. CIVIL ACTION NO. 1:09cv303-TMH (WO) OPINION and ORDER This litigation is now before the court on the recommendation of the United States Magistrate Judge entered on June 10, 2009 (doc. # 10), that this case be dismissed without prejudice to afford the petitioner an opportunity to exhaust all available state court remedies. After a review of the recommendation, to which no timely objections have been filed, and after an independent review of the entire record, the court believes that the recommendation should be adopted. Accordingly, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that this case be and is hereby DISMISSED without prejudice. An appropriate judgment will be entered. Done this the 29 th day of June, 2009. /s/ Truman M. Hobbs _______________________________________ TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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