Malloy v. Wise

Full title: ARTHUR BRENNAN MALLOY, Petitioner, v. DAVID WISE, et al., Respondents

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

Date published: Mar 18, 2010

CASE NO. 2:09-cv-964-TMH WO (M.D. Ala. Mar. 18, 2010)

Opinion

CASE NO. 2:09-cv-964-TMH WO.

March 18, 2010

ORDER

TRUMAN HOBBS, Senior District Judge

After an independent review of the file, it is the ORDER, JUDGMENT and DECREE of the court that:

1. The petitioner's objection (Doc. #34) to the Recommendation of the Magistrate Judge filed on March 17, 2010 is overruled;

2. The Recommendation of the Magistrate Judge (Doc. #33) filed on March 5, 2010 is adopted;

3. That the petition for habeas corpus relief is DENIED and the petition is DISMISSED without prejudice to afford petitioner an opportunity to exhaust all state court remedies available to him.