Harber v. State of Tennessee et al

Filing 32

REPORT AND RECOMMENDATION: The Magistrate Judge recommends that to the extent this is a petition for habeas corpus, it be denied without prejudice for failure to exhaust state court remedies. Signed by Magistrate Judge Joe Brown on 7/6/2015. (xc: Pro se party by regular and certified mail.) (ds)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
MATTHEW HARBER,
Plaintiff
v.
STATE OF TENNESSEE, et al.,
Defendants
TO:

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No. 3:15-0528
Judge Trauger/Brown

THE HONORABLE ALETA A. TRAUGER
REPORT AND RECOMMENDATION
The Plaintiff has filed a motion for habeas corpus

(Docket Entry 28). For the reasons stated below, the Magistrate
Judge recommends that this motion (Docket Entry 28) be dismissed.
BACKGROUND
The Plaintiff in this matter filed a complaint which was
allowed to proceed on a limited number of issues against the
Davidson County Sheriff (Docket Entry 4). About the same time, the
Plaintiff filed a petition for writ of habeas corpus in a case
styled Harber v. Davidson County Sheriff’s Office, Case 3:15-0534.
After initial review Chief Judge Sharp dismissed the matter because
the Petitioner had not shown that he had exhausted his state court
remedies. To the extent that this present motion attempts to file
a petition for habeas corpus, it appears to suffer from the same
deficiency. The Plaintiff has simply failed to show that he has
exhausted his state court remedies.

Accordingly, the Magistrate Judge recommends that to the
extent this motion is a petition for habeas corpus it be dismissed
for failure to show exhaustion of state remedies.
RECOMMENDATION
For

the

reasons

stated

above,

the

Magistrate

Judge

recommends that to the extent this is a petition for habeas corpus,
it be denied without prejudice for failure to exhaust state court
remedies.
Under Rule 72(b) of the Federal Rules of Civil Procedure,
any

party

has

14

days

from

receipt

of

this

Report

and

Recommendation in which to file any written objections to this
Recommendation with the District Court. Any party opposing said
objections shall have 14 days from receipt of any objections filed
in this Report in which to file any responses to said objections.
Failure to file specific objections within 14 days of receipt of
this Report and Recommendation can constitute a waiver of further
appeal of this Recommendation. Thomas v. Arn, 474 U.S. 140 106 S.
Ct. 466, 88 L.Ed.2d 435 (1985), Reh’g denied, 474 U.S. 1111 (1986).
ENTER this 6th day of July, 2015.
/s/
Joe B. Brown
JOE B. BROWN
United States Magistrate Judge

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