Lingo v. Forniss et al (INMATE 1), No. 1:2013cv00345 - Document 30 (M.D. Ala. 2013)

Court Description: OPINION and ORDER ADOPTING 29 REPORT AND RECOMMENDATION of the Magistrate Judge; the petitioner's motion to dismiss be and is hereby GRANTED and the petition for habeas corpus relief be and is hereby DENIED; further ORDERING that this case be and is hereby DISMISSED without prejudice to afford the petitioner an opportunity to exhaust all availabl3 state court remedies. Signed by Honorable Judge Truman M. Hobbs on 10/16/13. (djy, )
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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. 1:13cv345-TMH (WO) OPINION and ORDER On September 12, 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, 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 16th day of October, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE