Herring v. Forniss et al (INMATE 1), No. 1:2011cv01080 - Document 34 (M.D. Ala. 2013)
Court Description: OPINION and ORDER that the Recommendation 33 be and is hereby ADOPTED, and the petition for habeas corpus relief be and is hereby DENIED; 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 9/30/2013. (jg, )
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION TODD HERRING, # 243624, Petitioner, v. LEON FORNISS, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 1:11cv1080-TMH (WO) OPINION and ORDER On July 25, 2013, 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, 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 30th day of September 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE
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