Files v. Bolling et al (INMATE 3)
Filing
14
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 7/31/2018. (AFS)
FILED
2018 Jul-31 PM 03:40
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
EARNEST J. FILES, JR.,
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Petitioner,
v.
LEON BOLLING, et al.,
Respondents.
Civil Action Number
2:18-cv-00871-AKK-HNJ
MEMORANDUM OPINION
Petitioner Earnest J. Files, Jr., filed this action for a writ of habeas corpus,
pro se, on or about February 20, 2018, in the Middle District of Alabama. Doc. 1.
By way of a fourth amended petition, Files challenges his December 2017
conviction and sentence for six counts of capital murder. Docs. 6 at 1; 6-1 at 1. The
Middle District transferred this action to this court, and on June 6, 2018, the
magistrate judge to whom the case was referred filed a report recommending the
petition be dismissed without prejudice to allow Files to pursue and exhaust his
state law remedies. Doc. 12. Files was notified of his right to file objections to the
report and recommendation and filed another petition, which the court construes as
an opposition to the report and recommendation. 1 Doc. 13.
1
Even if the court considered this “opposition” as a fifth amended petition for habeas corpus
relief, this case would still be subject to dismissal as Files fails to demonstrate he has exhausted
available state law remedies.
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Files disputes neither the existence of state remedies available to him nor his
failure to exhaust those remedies. Rather, he once again details perceived
constitutional errors he contends occurred during his prosecution for the
underlying convictions. Unless and until Files pursues and exhausts his state law
remedies, he cannot seek federal habeas relief. See e.g., O’Sullivan v. Boerckel,
526 U.S. 838, 842 (1999).
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation and the response thereto, the
magistrate judge’s report is hereby ADOPTED and his recommendation is
ACCEPTED. Accordingly, the petition for writ of habeas corpus is due to be
dismissed without prejudice due to Files’ failure to exhaust his state law remedies.
A separate Final Order will be entered.
DONE the 31st day of July, 2018.
_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
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