Christopher Blake Barksdale v. Antonio McClain, Warden

United States District Court for the Northern District of Alabama

Christopher Blake Barksdale v. Antonio McClain, Warden

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION

CHRISTOPHER BLAKE ) BARKSDALE, ) ) Petitioner, ) ) Case No. 1:24-cv-1022-ACA-NAD v. ) ) ANTONIO MCCLAIN, Warden, ) ) Respondent.

MEMORANDUM OPINION

The magistrate judge entered a report in which he recommended that the court dismiss Christopher Blake Barksdale’s petition, filed pursuant to

28 U.S.C. § 2254

, as unexhausted. (Doc. 13). The magistrate judge notified the parties of their right to file specific written objections within fourteen days (id. at 8–9), but that time expired without the court receiving any objections. After careful consideration of the record in this case and the magistrate judge’s report, the court ADOPTS the report and ACCEPTS the recommendation. Accordingly, the court will DISMISS this petition for writ of habeas corpus WITHOUT PREJUDICE to allow Mr. Barksdale to exhaust his state court remedies. Because the petition does not present issues that are debatable among reasonable jurists, a certificate of appealability is denied. See

28 U.S.C. § 2253

(c); Slack v. McDaniel,

529 U.S. 473, 484-85

(2000). DONE and ORDERED this December 5, 20235.

ANNEMARIE CARNEY AXON UNITED STATES DISTRICT JUDGE

Reference

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