McAteer v. Giles

Full title: ROY LEE McATEER, # 147346, Petitioner, v. J. C. GILES, et al., Respondents

Court: United States District Court, M.D. Alabama, Northern Division

Date published: May 24, 2011

CIVIL ACTION NO. 2:11cv57-WHA (M.D. Ala. May. 24, 2011)

Opinion

CIVIL ACTION NO. 2:11cv57-WHA.

May 24, 2011

ORDER AND OPINION

W. ALBRITTON III, Senior District Judge

On May 3, 2011, the Magistrate Judge filed a Recommendation in this case to which no timely objections have been filed. (Doc. # 28). 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:

1. The motion to dismiss filed by the petitioner is GRANTED.

2. The petition for habeas corpus relief is DENIED.

3. The petition is DISMISSED without prejudice to afford the petitioner an opportunity to exhaust all available state court remedies.