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Hardwick v. Albright

United States District Court, N.D. Alabama, Middle Division

November 17, 2014

ERWIN WENDALE HARDWICK, Petitioner,
v.
FRANK ALBRIGHT, Warden; et al., Respondents.

MEMORANDUM OPINION

KARON OWEN BOWDRE, Chief District Judge.

The magistrate judge filed his report and recommendation on October 8, 2014, recommending dismissal of petitioner's 28 U.S.C. § 2241 petition for habeas corpus relief for failure to exhaust available state court remedies. (R. 14). No party filed any objections.

Having now carefully considered de novo all the materials in the court file, including the report and recommendation, the court ADOPTS the magistrate judge's report and ACCEPTS his recommendation that the court dismiss this action without prejudice. The court finds that the petion for habeas corpus relief pursuant to 28 U.S.C. § 2241 in the above-styled cause is due to be DISMISSED WITHOUT PREJUDICE for failure to exhaust available state court remedies.

DONE and ORDERED.


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