Jackson v. State of Alabama

Filing 18

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 12/15/2017. (KEK)

FILED
2017 Dec-15 PM 01:38
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
MARCUS PIERRE JACKSON,
Petitioner,
v.
STATE OF ALABAMA,
Respondent.

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Case No: 5:14-cv-02073-MHH-SGC

MEMORANDUM OPINION
On November 8, 2017, the magistrate judge entered a report in which she
recommended that the Court dismiss as unexhausted and procedurally defaulted
petitioner Marcus Pierre Jackson’s 28 U.S.C. § 2254 petition for writ of habeas
corpus. (Doc. 17, p. 7). The magistrate judge also recommended that the Court
deny a certificate of appealability pursuant to Rule 11 of the Rules Governing 2254
Proceedings. (Doc. 17, p. 7). The magistrate judge informed the parties of their
right to file objections within 14 days. (Doc. 17, pp. 7-8). To date, no party has
filed objections to the report and recommendation.
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). A
district court reviews legal conclusions in a report de novo and reviews for plain
error factual findings to which no objection is made. Garvey v. Vaughn, 993 F.2d

776, 779 n.9 (11th Cir. 1993); see also LoConte v. Dugger, 847 F.2d 745, 749
(11th Cir. 1988); Macort v. Prem, Inc., 208 Fed. Appx. 781, 784 (11th Cir. 2006).1
Having reviewed the amended habeas petition (Doc. 4), the parties’
submissions (Docs. 10, 10-1 through 10-11, 15, and 16), and the report and
recommendation, the Court finds no misstatements of law in the report and no
plain error in the magistrate judge’s description of the relevant facts.2 Therefore,
the Court adopts the magistrate judge’s report and accepts her recommendation.
The Court will issue a final separate order dismissing Mr. Jackson’s petition
as unexhausted and procedurally defaulted.
DONE and ORDERED this December 15, 2017.

_________________________________
MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE

1

When a party objects to a report in which a magistrate judge recommends dismissal of the
action, a district court must “make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.” 28 U.S.C. §§
636(b)(1)(B)-(C).
2

There is a typo in the report. The report states that the Alabama Court of Criminal Appeals
denied Mr. Jackson’s application for rehearing on March 21, 2017. (Doc. 17, p. 2). The
Alabama Court of Criminal Appeals actually overruled Mr. Jackson’s request for rehearing on
March 21, 2014. (Doc. 10-9).
2