Files v. Bolling, No. 2:2018cv00279 - Document 4 (N.D. Ala. 2018)

Court Description: MEMORANDUM OPINION AND ORDER the R & R is ADOPTED AND ACCEPTED; this case is DISMISSED WITHOUT PREJUDICE. Signed by Judge Abdul K Kallon on 04/25/2018. (AFS)

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FILED 2018 Apr-25 AM 10:53 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION EARNEST J. FILES, JR., Petitioner, v. WARDEN LEON BOLLING, III., Respondent. ) ) ) ) ) ) ) ) ) Case No. 2:18-cv-00279-AKK-HNJ MEMORANDUM OPINION AND ORDER The magistrate judge filed a report on April 9, 2018, recommending the petition for writ of habeas corpus filed by petitioner Earnest J. Files, Jr., be dismissed without prejudice to allow him to pursue and exhaust available state remedies. (Doc. 2). The petitioner filed a 28 page “response” to the report and recommendation on April 23, 2018. (Doc. 3). The petitioner does not dispute the existence of state remedies available to him nor does he dispute his failure to exhaust those remedies. Id. Instead, the response details constitutional errors he contends occurred during the prosecution of the underlying convictions and sentence for which he seeks habeas relief. Id. at 1-20. The petitioner also includes a copy of an order from the United States District Court for the Middle District of Alabama regarding a 42 U.S.C. § 1983 action he filed for civil rights violations at Kilby Correctional Facility. Id. at 2127. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the response thereto, the magistrate judge’s report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, in light of the petitioner’s failure to exhaust his state law remedies, his petition, doc. 1, is DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to close this file. DONE the 25th day of April, 2018. _________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2

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