Frost v. Estes et al (INMATE 3), No. 1:2013cv00752 - Document 18 (M.D. Ala. 2014)

Court Description: OPINION and ORDER ADOPTING 17 REPORT AND RECOMMENDATION of the Magistrate Judge, and this case be and is hereby DISMISSED without prejudice. Signed by Honorable Judge Mark E. Fuller on 3/7/14. (djy, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION HAROLD CLARENCE FROST, #259485 ) ) Petitioner, ) ) v. ) ) DEWAYNE ESTES, et al., ) ) Respondents. ) CASE NO. 1:13-cv-752-TMH [wo] OPINION AND ORDER On January 14, 2014, the Magistrate Judge filed a Recommendation in this case dismissing this 28 U.S.C. ยง 2254 petition without prejudice to afford Frost an opportunity to exhaust all state court remedies available to him. (Doc. #17.) 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 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. DONE this the 7th day of March, 2014. /s/ Mark E. Fuller UNITED STATES DISTRICT JUDGE

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