Williams v. McBrayer, No. 1:2018cv00370 - Document 5 (N.D. Ga. 2018)
Court Description: OPINION AND ORDER ADOPTING the Magistrate Judge's 3 Final Report and Recommendation. The Petition for Writ of Habeas Corpus is hereby DISMISSED WITHOUT PREJUDICE and the Petitioner is DENIED a certificate of appealability. Signed by Judge Amy Totenberg on 3/8/2018. (sap)
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Williams v. McBrayer Doc. 5 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION MARK ANTHONY WILLIAMS, Plaintiff, v. KEITH MCBRAYER, SHERIFF Defendant. : : : : : : : : : : : PRISONER H ABEAS CORPUS 28 U.S.C. § 2241 CIVIL ACTION NO. 1:18-CV-370 -AT-WEJ ORD ER This m atter is before the Court on the Magistrate J udge’s Report and Recom m endation [Doc. 3] that this Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 be dism issed without prejudice an d that Petitioner be denied a certificate of appealability. The Magistrate J udge concluded that Petition er had failed to exhaust available state rem edies prior to bringing his claim s in this Court for injunctive relief related to his state crim inal proceedings. Therefore, while Petitioner can not obtain relief in federal court, he m ay file a petition for a writ of habeas corpus in the proper state court pursuant to O.C.G.A. § 9-14-1(a). The Magistrate J udge further concluded that Petition er’s claim s related to the conditions of his con finem en t (library access and other grievances) m ay only be raised in a civil rights action and cannot be raised in a habeas petition. Therefore, if Petition er wishes to file an action pursuan t to 42 U.S.C. § 1983, he Dockets.Justia.com m ust subm it a proper com plaint as a new case under a n ew docket num ber, and m ust pay the required $ 350 .0 0 filing fee. No objections have been filed in response to the Magistrate J udge’s Report and Recom m endation. Therefore, in accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Federal Rules of Civil Procedure, the Court has reviewed the Magistrate J udge’s Recom m endation for clear error and finds n one. Accordingly, the Court AD OPTS the Magistrate J udge’s Report and Recom m endation as the opinion of the Court. For the reasons stated in Magistrate J udge’s Report and Recom m endation, the Petition for Writ of Habeas Corpus Relief is D ISMISSED W ITH OU T PREJ U D ICE an d Petitioner is D EN IED a certificate of appealability. IT IS SO ORD ERED this 8 th day of March, 20 18. _____________________________ Am y To te n be rg U n ite d State s D is trict J u d ge 2
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