Duncan v. Wheeler-White et al (INMATE2), No. 1:2009cv00416 - Document 15 (M.D. Ala. 2009)

Court Description: ORDER AND OPINION that 14 REPORT AND RECOMMENDATIONS is adopted; that 1 petition for habeas corpus relief filed by Sharon Duncan is DISMISSED without prejudice to afford Petitioner an opportunity to exhaust all available state court remedies. Signed by Honorable Truman M. Hobbs on 9/22/2009. (cc, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION SHARON D. DUNCAN, #148434, Petitioner, v. CYNTHIA WHEELER-WHITE, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:09cv416-TMH ORDER AND OPINION On August 26, 2009, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 14). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, it is ORDERED and ADJUDGED that the Recommendation of the Magistrate Judge be and is hereby ADOPTED and that the petition for habeas corpus relief filed by Sharon Duncan is DISMISSED without prejudice to afford Petitioner an opportunity to exhaust all available state court remedies. Done this the 22nd day of September, 2009. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE

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