Williams v. Amerson

Filing 6

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 8/7/2015. (KEK)

FILED
2015 Aug-07 PM 01:25
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
MARK ANTHONY WILLIAMS,
Petitioner,
v.
LARRY AMERSON, Sheriff,
Respondent.

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Case No.
1:15-cv-01163-MHH-JEO

MEMORANDUM OPINION
Mark Anthony Williams filed a pro se petition for writ of habeas corpus pursuant
to 28 U.S.C. § 2241. (Doc. 1).

On July 16, 2015, Chief Magistrate Judge John Ott

entered a report and recommendation concerning Mr. Williams’s petition. (Doc. 4).

In

his report, Judge Ott recommended that the Court dismiss this action without prejudice
because Mr. Williams has not exhausted the remedies available under state law.
4).

(Doc.

Mr. Williams objected to Judge Ott’s report and recommendation but did not

address Judge Ott’s finding that Mr. Williams has not exhausted his state remedies.
(Doc. 5).
A district court “may accept, reject, or modify, in whole or part, the findings or
recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C).

When a

party makes timely objections to a report and recommendation, the district court

“make[s] a de novo determination of those portions of the report or specified proposed
findings or recommendations to which objection is made.” Id.
The Court has reviewed the record and Judge Ott’s report and recommendation
and has reached an independent conclusion that Mr. Williams has not exhausted the
remedies available to hin under state law.

Therefore, the

Court ADOPTS Chief

Magistrate Judge Ott’s July 16, 2015 report and ACCEPTS Judge Ott’s recommendation
that the Court dismiss this action without prejudice.

The Court will enter a separate

order consistent with this memorandum opinion.
DONE and ENTERED this 7th day of August, 2015.

MADELINE HUGHES HAIKALA
U.S. DISTRICT JUDGE

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