King v. Jones et al

Filing 16

MEMORANDUM OPINION. Signed by Judge Robert B Propst on 5/14/2012. (AVC)

FILED
2012 May-14 AM 08:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
EDWARD LAVAR KING,
Petitioner,
v.
KENNETH JONES, et al.,
Respondents.

]
]
]
]
]
]
]
]
]

4:11-cv-4225-RBP-RRA

MEMORANDUM OPINION

This is a habeas corpus petition. The magistrate judge entered a report and
recommendation and an amended report and recommendation, recommending that the
action be dismissed to allow the petitioner to exhaust the remedies available in state court.
Although the petitioner filed “objections” to the original report and recommendation, his
only “objection” was that the magistrate judge had misconstrued one of his claims. The
magistrate judge then issued an amended report and recommendation, explaining that
regardless of which claim the petitioner actually intended to raise, the petition is still due to
be dismissed to allow the petitioner to exhaust the remedies still available to him in state
court. The petitioner has not objected to the amended report and recommendation.
The court has considered the entire file in this action, including the report and
recommendation, and has reached an independent conclusion that the report and
recommendation is due to be adopted and approved.

Accordingly, the court hereby adopts and approves the findings and recommendation
of the magistrate judge as the findings and conclusions of the court. This habeas petition is
due to be dismissed without prejudice. An appropriate order will be entered.
Done this 14th day of May, 2012.

ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE