Opinion
CIVIL ACTION NO.: CV611-020.
June 13, 2011
ORDER
After an independent and de novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Petitioner Bob Mikell ("Mikell") once again challenges his convictions obtained in Candler County Superior Court. As the Magistrate Judge concluded, Mikell can challenge his state court convictions only to the extent the expired convictions have served to enhance his current federal sentence. Additionally, Mikell must challenge his enhanced federal sentence pursuant to 28 U.S.C. § 2255, not pursuant to 28 U.S.C. § 2254 as he attempts to do in the present case.
The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Respondents' Motion to Dismiss is GRANTED. Mikell's petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254, is DISMISSED. The Clerk of Court is directed to enter the appropriate judgment of dismissal.