Tabatabee v. Barrow

Tabatabee v. Barrow

Petitioner:	Casey Kia Tabatabee
Respondent:	David Barrow
Case Number:	2:2012cv00150
Filed:	June 20, 2012
Court:	US District Court for the Northern District of Georgia
Office:	Gainesville Office
County:	XX US, Outside State
Presiding Judge:	Susan S. Cole
Presiding Judge:	Richard W. Story
Nature of Suit:	General
Cause of Action:	28 U.S.C. § 2254
Jury Demanded By:	None

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Date Filed	Document Text
February 8, 2013	Filing 41 ORDER finding that the Magistrate's 32 Report and Recommendation is approved and adopted as the Opinion and Order of this Court. Accordingly, Respondents 26 Motion to Dismiss for Lack of Exhaustion is GRANTED, and Petitioners 29 Motion t o Strike Dismissal Motion 29 is DENIED. Petitioners 1 Habeas Corpus Petition is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. Further, Petitioners 15 Motion for Specific Relief is DENIED; and Petitioners remaining Mo tions, all procedural in nature [8, 9, 16,17, 18, 20, 21, 23, and 27] are DENIED AS MOOT. After issuance of the Report and Recommendation, Petitioner filed a Motion for Continuance or for an Extension of Time 38 in which he encouraged the Court to continue this matter so as to allow the Georgia Supreme Court to rule on his Application for a Certificate of Probable Cause to appeal the denial of his state habeas corpus relief and/or for the Eleventh Circuit Court of Appeals to rule on his actual innocence claim in his Section 2241 case from the Middle District of Georgia. Because the dismissal of this Petition is without prejudice, the Court finds that a continuance is not warranted. Therefore, Petitioners 38 Motion is DENIED. As recommended in the Report and Recommendation, the Court further finds that a Certificate of Appealability is not appropriate. Therefore, Petitioner is DENIED a Certificate of Appealability.Signed by Judge Richard W. Story on 02/08/13. (sk)

Date Filed

Document Text

February 8, 2013

Filing 41 ORDER finding that the Magistrate's 32 Report and Recommendation is approved and adopted as the Opinion and Order of this Court. Accordingly, Respondents 26 Motion to Dismiss for Lack of Exhaustion is GRANTED, and Petitioners 29 Motion t o Strike Dismissal Motion 29 is DENIED. Petitioners 1 Habeas Corpus Petition is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies. Further, Petitioners 15 Motion for Specific Relief is DENIED; and Petitioners remaining Mo tions, all procedural in nature [8, 9, 16,17, 18, 20, 21, 23, and 27] are DENIED AS MOOT. After issuance of the Report and Recommendation, Petitioner filed a Motion for Continuance or for an Extension of Time 38 in which he encouraged the Court to continue this matter so as to allow the Georgia Supreme Court to rule on his Application for a Certificate of Probable Cause to appeal the denial of his state habeas corpus relief and/or for the Eleventh Circuit Court of Appeals to rule on his actual innocence claim in his Section 2241 case from the Middle District of Georgia. Because the dismissal of this Petition is without prejudice, the Court finds that a continuance is not warranted. Therefore, Petitioners 38 Motion is DENIED. As recommended in the Report and Recommendation, the Court further finds that a Certificate of Appealability is not appropriate. Therefore, Petitioner is DENIED a Certificate of Appealability.Signed by Judge Richard W. Story on 02/08/13. (sk)

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Respondent: David Barrow
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Petitioner: Casey Kia Tabatabee
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