Whitehead v. Boyd, et al. (INMATE 3)

Filing 25

OPINION. Signed by Honorable Judge Myron H. Thompson on 2/24/2017. (kh, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

TODD JOHNATHAN WHITEHEAD,

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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

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