Coleman v. Commonwealth of Kentucky, No. 3:2013cv00663 - Document 18 (W.D. Ky. 2013)
Court Description: MEMORANDUM OPINION & ORDER by Judge John G. Heyburn, II on 10/21/13: The Findings of Fact, Conclusions of Law and Recommendation of the Magistrate Judge are ADOPTED in full and the Petition is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the certificate of appealability is DENIED. cc:counsel, DW, Plaintiff (pro se) (JBM)
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE CIVIL ACTION NO. 3:13CV-663-H WARDELL COLEMAN PETITIONER v. GREGORY HOWARD, Warden RESPONDENT MEMORANDUM OPINION AND ORDER Petitioner, Wardell Coleman, has filed a federal habeas corpus petition pursuant to 28 U.S. ยง 2254. He did so without first filing in state court to vacate or otherwise set aside his conviction pursuant to the Kentucky Rules of Criminal Procedure, Rule 11.42. This Court referred the matter to the Magistrate Judge who recommended dismissal without prejudice. Petitioner has filed an objection. The Court has reviewed the Magistrate Judge s Findings of Fact, Conclusions of Law and Recommendation and agrees with them entirely. Further, the Court does not believe that any further discussion is necessary. Being otherwise sufficiently advised, IT IS HEREBY ORDERED that the Findings of Fact, Conclusions of Law and Recommendation of the Magistrate Judge are ADOPTED in full and the Petition is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the certificate of appealability is DENIED. October 21, 2013 cc: Wardell Coleman, Pro Se Counsel of Record Magistrate Judge Dave Whalin
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