Coleman v. Commonwealth of Kentucky

Filing 18

MEMORANDUM OPINION & ORDER by Judge John G. Heyburn, II on 10/21/13: The Findings of Fact, Conclusions of Law and Recommendation of the Magistrate Judge are ADOPTED in full and the Petition is DISMISSED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that the certificate of appealability is DENIED. cc:counsel, DW, Plaintiff (pro se) (JBM)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:13CV-663-H
WARDELL COLEMAN

PETITIONER

v.
GREGORY HOWARD, Warden

RESPONDENT

MEMORANDUM OPINION AND ORDER
Petitioner, Wardell Coleman, has filed a federal habeas corpus petition pursuant to 28
U.S. § 2254. He did so without first filing in state court to vacate or otherwise set aside his
conviction pursuant to the Kentucky Rules of Criminal Procedure, Rule 11.42. This Court
referred the matter to the Magistrate Judge who recommended dismissal without prejudice.
Petitioner has filed an objection.
The Court has reviewed the Magistrate Judge’s Findings of Fact, Conclusions of Law and
Recommendation and agrees with them entirely. Further, the Court does not believe that any
further discussion is necessary.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that the Findings of Fact, Conclusions of Law and
Recommendation of the Magistrate Judge are ADOPTED in full and the Petition is DISMISSED
WITHOUT PREJUDICE.
IT IS FURTHER ORDERED that the certificate of appealability is DENIED.

October 21, 2013

cc:

Wardell Coleman, Pro Se
Counsel of Record
Magistrate Judge Dave Whalin