Seibert v. Dorning et al

Filing 10

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 10/25/2017. (KEK)

FILED
2017 Oct-25 AM 09:06
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
CARL MICHAEL SEIBERT,
Petitioner,
v.
SHERIFF BLAKE DORNING, et al.,
Respondents.

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Case No.: 5:17-cv-00918-MHHJHE

MEMORANDUM OPINION
On September 29, 2017, the magistrate judge entered a report in which he
recommended that the Court dismiss without prejudice petitioner Carl Michael
Seibert’s petition for writ of habeas corpus because Mr. Seibert did not adequately
exhaust his state court remedies for purposes of federal habeas review. (Doc. 9, p.
5). The magistrate judge advised the parties of their right to file specific written
objections to the report and recommendation within 14 days. (Doc. 9, pp. 5-6). 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 habeas petition (Doc. 1) and the magistrate judge’s
report and recommendation (Doc. 9), the Court finds no misstatements of law in
the report and no plain error in the magistrate judge’s description of the relevant
state court proceedings. Therefore, the Court adopts the magistrate judge’s report
and accepts his recommendation that the Court dismiss Mr. Seibert’s habeas
petition without prejudice.
The Court will enter a separate final order consistent with this memorandum
opinion.
DONE and ORDERED this October 25, 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