Givhan v. Albright et al (INMATE3), No. 2:2009cv00056 - Document 14 (M.D. Ala. 2009)

Court Description: OPINION AND ORDER that the 13 Recommendation of the Magistrate Judge beand is hereby ADOPTED, that the petition for habeas corpus relief be and is hereby DISMISSED without prejudice to afford the petitioner an opportunity to exhaust all state court remedies available to her. Signed by Honorable Truman M. Hobbs on 5/11/2009. (cb, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION BRENDA JOYCE GIVHAN, #133055, Petitioner, v. FRANK ALBRIGHT, et al., Respondents. ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:09cv56-TMH (WO) OPINION AND ORDER On April 14, 2009, the Magistrate Judge filed a Recommendation in this case recommending that the petition of habeas corpus relief filed pursuant to 28 U.S.C. ยง 2254 be dismissed without prejudice to afford the petitioner an opportunity to exhaust all state court remedies available to her. (Doc. # 13).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, that the petition for habeas corpus relief be and is hereby DISMISSED without prejudice to afford the petitioner an opportunity to exhaust all state court remedies available to her. Done this 11 th day of May 2009. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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