Opinion
1:22-cv-106-AW-HTC
09-19-2022
JAMES LEE BALLARD, Petitioner, v. STATE OF FLORIDA, Respondent.
ORDER ADOPTING REPORT AND RECOMMENDATION
ALLEN WINSOR UNITED STATES DISTRICT JUDGE
James Lee Ballard is Florida a pretrial detainee. As he awaits trial on several sex-offense charges, he continues to bombard this court with frivolous filings. He has sued judges, his public defenders, prosecutors, law enforcement officers, and others.
In this case, Ballard seeks habeas relief. But as the magistrate judge concludes, Ballard has not shown that he has exhausted state-court remedies. I therefore adopt the June 6, 2022 report and recommendation to the extent it addresses exhaustion, and I need not address the alternative Younger abstention issue. I reject all of Ballard's objections, which I have considered de novo.
The IFP motion (ECF No. 6) is GRANTED. The clerk will enter a judgment that says, “The § 2241 petition is dismissed for lack of exhaustion.” A certificate of appealability is DENIED. The clerk will close the file.
SO ORDERED.