Heyward v. State of Alabama Parole Board et al (INMATE 1)

Filing 26

ORDER directing as follows: (1) ADOPTING 25 REPORT AND RECOMMENDATION of the Mag Judge; (2) the petition be and is hereby DISMISSED with prejudice to the extent that Heyward challenges the constitutionality of his 1991 arson conviction as this cour t lacks jurisdiction to consider the petitioner's claim for relief; (3) the petition be and is hereby DISMISSED without prejudice with respect to Heyward's challenge to an alleged detainer lodged against him to afford the petitioner an opportunity to exhaust all available state court remedies; (4) the petitioner's 24 motion to dismiss be and is hereby GRANTED;. Signed by Honorable Truman M. Hobbs on 9/16/10. (djy, )

H e y w a r d v. State of Alabama Parole Board et al (INMATE 1)

D o c . 26

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION

W IL L IA M HEYWARD, # 215441, P e t i t io n e r , v. STATE OF ALABAMA PAROLE B O A R D and TROY KING, R e s p o n d e n ts .

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CIVIL ACTION NO. 1:10cv145-TMH (WO)

O P I N I O N and ORDER O n July 8, 2010, the Magistrate Judge filed a Recommendation in this case to which n o timely objections have been filed. (Doc. # 25). Upon an independent review of the file in this case and upon consideration of the Recommendation of the Magistrate Judge, and for g o o d cause, it is ORDERED that as follows: 1. 2. T h e Recommendation be and is hereby ADOPTED; T h e petition be and is hereby DISMISSED with prejudice to the extent that

H e yw a rd challenges the constitutionality of his 1991 arson conviction as this court lacks ju ris d ic tio n to consider the petitioner's claim for relief; 3. T h e petition be and is hereby DISMISSED without prejudice with respect to

H e yw a rd 's challenge to an alleged detainer lodged against him to afford the petitioner an o p p o r tu n ity to exhaust all available state court remedies. 4. T h e petitioner's motion to dismiss be and is hereby GRANTED.

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Done this the 16 th day of September, 2010. /s / Truman M. Hobbs __________________________________________ T R U M A N M. HOBBS S E N IO R UNITED STATES DISTRICT JUDGE