Whitehead v. Boyd, et al. (INMATE 3), No. 1:2014cv00329 - Document 25 (M.D. Ala. 2017)

Court Description: OPINION. Signed by Honorable Judge Myron H. Thompson on 2/24/2017. (kh, )
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Whitehead v. Boyd, et al. (INMATE 3) Doc. 25 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION TODD JOHNATHAN WHITEHEAD, ) ) ) ) ) ) ) ) ) Petitioner, v. LOUIS BOYD, et al., Respondents. CIVIL ACTION NO. 2:14cv329-MHT (WO) OPINION Pursuant to 28 U.S.C. § 2254, petitioner, a state inmate, filed this lawsuit seeking habeas relief. This lawsuit is now before the court on the recommendation of the United States Magistrate Judge that petitioner’s writ petition be denied. petitioner’s objections Also before the court are to the recommendation. His objections include a request that the court allow him to amend his petition to raise claims that he exhausted last year through a Rule 32 petition that he filed in state court after federal court. he filed the instant petition in Petitioner also submitted a purported Dockets.Justia.com copy of a motion to amend that he claims he tried to file in this court last year, but which the court never received; showing the that document it was has a mailed certificate to this of court service and the of the Attorney General’s Office on June 8, 2016. After an independent and de novo review record, the court concludes that the magistrate judge’s recommendation should be adopted to the extent that the claims in the current petition should be denied. However, the court will keep the case open and refer the motion to amend back to the magistrate judge for consideration. An appropriate judgment will be entered. DONE, this the 24th day of February, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE