Grimsley v. State of Alabama et al
Filing
9
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 3/5/2018. (PSM)
FILED
2018 Mar-05 PM 02:00
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
OLIN GRIMSLEY,
Petitioner,
v.
STATE OF ALABAMA and
WARDEN CROW,
Respondents.
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Case No.: 2:17-cv-1900-LSC-JEO
MEMORANDUM OPINION
On or about November 13, 2017, Petitioner Olin Grimsley, an Alabama state
prisoner acting pro se, filed this habeas corpus action pursuant to 28 U.S.C. §
2254. (Doc. 1). Confined at the Staton Correctional Facility in Elmore, Alabama,
he challenges a robbery conviction and life sentence imposed in 1994 by the
Circuit Court of Montgomery County, Alabama. On February 8, 2018, the
magistrate judge to whom the case is referred entered a Report and
Recommendation (“R&R”) recommending that the action be dismissed for lack of
jurisdiction. (Doc. 7). The cause now comes to be heard on Grimsley’s Objection
to the R&R, filed pursuant to 28 U.S.C. § 636(b)(1). (Doc. 8).
Having carefully reviewed and considered de novo all the materials in the
court file, including the magistrate judge’s Report and Recommendation and the
Petitioner’s Objections thereto, the court is of the opinion that the magistrate
judge’s findings are due to be and are hereby ADOPTED and his recommendation
is ACCEPTED. Suffice it to say that Grimsely’s objections, to the effect that a
transfer of this action to the United States District Court for the Middle District of
Alabama would not be futile because he purportedly (1) is entitled to equitable
tolling of the limitations period until 2016 and (2) can establish that he is actually
innocent, are adequately addressed in the R&R. The court would further add, as to
the latter argument, that a dismissal for lack of jurisdiction here would not affect
Grimsely’s ability to make whatever actual-innocence arguments he might muster
in an effort, under McQuiggin v. Perkins, 569 U.S. 383 (2013), to overcome any
statute-of-limitations defense that might be raised in the Middle District, were he to
re-file his petition in that court. Accordingly, Petitioner’s Objections are
OVERRULED. As a result, the petition for writ of habeas corpus will be
DISMISSED WITHOUT PREJUDICE, for lack of jurisdiction. A separate
Final Order will be entered.
DONE and ORDERED on March 5, 2018.
_____________________________
L. Scott Coogler
United States District Judge
160704
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