Garrett v. Kilgore, No. 1:2020cv00122 - Document 11 (N.D. Ala. 2020)

Court Description: MEMORANDUM OPINION For the reasons stated within, the court hereby adopts and approves the findings and recommendation of the magistrate judge as the findings and conclusions of this court. The petition for writ of habeas corpus is due to be DISMISSED WITHOUT PREJUDICE for failure to exhaust. A separate Order will be entered. Signed by Judge Corey L. Maze on 6/23/2020. (SRD)

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Garrett v. Kilgore Doc. 11 FILED 2020 Jun-23 PM 01:52 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION TREMARKUS GARRETT, Petitioner, v. JIMMY KILGORE, Respondent. ) ) ) ) ) ) ) ) ) Case No.: 1:20-cv-00122-CLMJHE MEMORANDUM OPINION On May 7, 2020, the magistrate judge entered a Report and Recommendation, (doc. 10), recommending the petition for writ of habeas corpus be dismissed for failure to exhaust. No objections have been filed. The court has considered the entire file in this action, together with the report and recommendation, and has reached an independent conclusion that the report and recommendation is due to be adopted and approved. Accordingly, the court hereby adopts and approves the findings and recommendation of the magistrate judge as the findings and conclusions of this court. The petition for writ of habeas corpus is due to be DISMISSED WITHOUT PREJUDICE for failure to exhaust. A separate Order will be entered. Dockets.Justia.com DONE and ORDERED this 23rd day of June, 2020. _________________________________ COREY L. MAZE UNITED STATES DISTRICT JUDGE 2

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