McConico v. Alabama Board of Pardons & Parole et al (INMATE 3), No. 2:2019cv00111 - Document 42 (M.D. Ala. 2019)
Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 6/7/2019. (kh, )
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McConico v. Alabama Board of Pardons & Parole et al (INMATE 3) Doc. 42 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JAMES McCONICO, JR., ) ) Petitioner, ) ) v. ) ) ALABAMA BOARD OF PARDONS & ) PAROLE, et al., ) ) Respondents. ) CIVIL ACTION NO. 2:19cv111-MHT (WO) OPINION Pursuant to 28 U.S.C.A. § 2241, petitioner, a state inmate, filed this lawsuit seeking habeas relief, and the United States Magistrate Judge construed it as a petition under 28 U.S.C.A. § 2254. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that the petition be dismissed without prejudice to allow available state remedies. the recommendation. review of the petitioner to exhaust There are no objections to After an independent and de novo record, the court concludes that the magistrate judge’s recommendation should be adopted. Dockets.Justia.com An appropriate judgment will be entered. DONE, this the 7th day of June, 2019. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE
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