Cox v. Edwards

Filing 11

MEMORANDUM OPINION. Signed by Judge R David Proctor on 6/6/2024. (KAM)

FILED
2024 Jun-06 PM 03:20
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
DAVID LEROY COX, JR.,
Petitioner,
v.
WARDEN GEORGE EDWARDS,
Respondent.

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Case No. 4:23-cv-01321-RDP-HNJ

MEMORANDUM OPINION
The Magistrate Judge entered a Report and Recommendation (Doc. 10) on May 6, 2024,
recommending the court deny Petitioner David Leroy Cox Jr.’s pro se petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254 (Doc. 1) and dismiss his claims without prejudice to allow
Petitioner an opportunity to properly exhaust his claims in state court. No objections have been
filed.
After careful consideration of the record in this case and the Magistrate Judge’s Report and
Recommendation, the court ADOPTS the Report and ACCEPTS the recommendation.
Consistent with that recommendation, the court finds Petitioner’s pro se § 2254 habeas petition
(Doc. 1) is due to be denied, and his claims are due to be dismissed without prejudice to allow
Petitioner an opportunity to properly exhaust his claims in state court. A final judgment will be
entered.
DONE and ORDERED this June 6, 2024.

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R. DAVID PROCTOR
CHIEF U.S. DISTRICT JUDGE