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Anderson v. Campbell

United States District Court, N.D. Florida, Tallahassee Division
Aug 28, 2007
CASE NO. 4:06cv547-SPM/WCS (N.D. Fla. Aug. 28, 2007)

Opinion

CASE NO. 4:06cv547-SPM/WCS.

August 28, 2007


ORDER


THIS CAUSE comes before the Court on the magistrate judge's report and recommendation dated August 18, 2007 (doc. 30). Petitioner has been furnished a copy of the report and recommendation and filed objections (doc. 31). Pursuant to Title 28, United States Code, Section 636(b)(1), I find that the report and recommendation is correct and should be adopted by the Court.

As explained at page 4 of the report and recommendation, Petitioner is not entitled to federal habeas relief because he has not exhausted his state remedies; nor has he demonstrated exceptional circumstances so as to justify interfering with a pending state criminal case. Younger v. Harris, 401 U.S. 37, 43-56 (1931) (explaining fundamental policy against federal interference with state criminal prosecutions); Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 483, 490-91 (1973) (discussing exhaustion requirement);Ex parte Hawk, 321 U.S. 114, 116-18 (1944) (discussing exhaustion requirement).

Accordingly, it is hereby ORDERED as follows:

1. The magistrate judge's report and recommendation (doc. 30) is ADOPTED and incorporated by reference in this order.

2. The § 2241 petition for writ of habeas corpus (doc. 1, as supplemented) is denied. The pending motions are denied as moot.

DONE AND ORDERED.


Summaries of

Anderson v. Campbell

United States District Court, N.D. Florida, Tallahassee Division
Aug 28, 2007
CASE NO. 4:06cv547-SPM/WCS (N.D. Fla. Aug. 28, 2007)
Case details for

Anderson v. Campbell

Case Details

Full title:GEOFFREY H. ANDERSON, Petitioner, v. SHERIFF LARRY CAMPBELL, Respondent

Court:United States District Court, N.D. Florida, Tallahassee Division

Date published: Aug 28, 2007

Citations

CASE NO. 4:06cv547-SPM/WCS (N.D. Fla. Aug. 28, 2007)