Dickson v. Hous.

TERRY F. MOORER UNITED STATES DISTRICT JUDGE

MEMORANDUM OPINION AND ORDER

TERRY F. MOORER UNITED STATES DISTRICT JUDGE

On June 30, 2021, the Magistrate Judge entered a report and recommendation which recommends dismissal of this petition for writ of habeas corpus under 28 U.S.C. § 2254 and a finding that Petitioner is not entitled to either a Certificate of Appealability of to appeal in forma pauperis. See Doc. 9. Petitioner timely filed objections. See Docs. 11-12. As such, the recommendation is ripe for review.

The Court reviewed Petitioner's objections and find they do not overcome the well-reasoned analysis of the Magistrate Judge. Specifically, Petitioner contends he had no opportunity to pursue his state court remedies due to never getting any relief by the state court. Whether or not relief is granted does not negate the fact this Court cannot review a petition under § 2254 unless he has first pursued and exhausted those state court remedies. In his second batch of objections, Petitioner states he did exhaust those remedies available to him. However, as noted by the Report and Recommendation, the record reflects otherwise. As such, Petitioner's objections are overruled.

After due and proper consideration of the issues raised, and a de novo determination of those portions of the recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge (Doc. 9) is ADOPTED as the opinion of this Court.

Accordingly, it is ORDERED that Michael Dickson's petition (Doc. 4) is DISMISSED without prejudice for failure to exhaust state court remedies.

Final judgment shall issue separately in accordance with this order and Federal Rule of Civil Procedure 58.

DONE and ORDERED.