Opinion
CIVIL ACTION NO. 5:19-cv-00274-TES-MSH
03-23-2020
COOSA NATION, ex rel., LAMAR PERRYMAN Petitioner, v. ZSI PROBATION SERVICE, INC., et al., Respondents.
ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S RECOMMENDATION
In his Recommendation [Doc. 25], the United States Magistrate Judge recommends that the Court dismisses Petitioner's application for habeas relief pursuant to 28 U.S.C. § 2254, challenging Perryman's conviction for obstruction of an officer and disorderly conduct, because Coosa Nation lacks standing, and Perryman has failed to exhaust his state remedies. [Doc. 14].
No objections have been filed to the magistrate judge's Recommendation; therefore, the Court reviews his findings for clear error. 28 U.S.C. § 636(b)(1)(A). After careful review, the Court finds no clear error.
Therefore, the Court ADOPTS the Recommendation [Doc. 25] and MAKES IT THE ORDER OF THE COURT. Accordingly, Respondent State of Georgia's motion to dismiss [Doc. 19] is GRANTED; Petitioner's 28 U.S.C. § 2254 petition is hereby DISMISSED without prejudice; Petitioner is DENIED a certificate of appealability in accordance with 28 U.S.C. § 2253(c)(2).
Also, before the Court is Respondent ZSI Probation Services, Inc.'s ("ZSI") motion to dismiss [Doc. 22]. The magistrate judge found that ZSI is not the proper respondent. The Court agrees. Accordingly, ZSI's motion to dismiss [Doc. 22] is DENIED as moot, and ZSI is dismissed from this action. --------
SO ORDERED, this 23rd day of March, 2020.
S/ Tilman E. Self, III
TILMAN E. SELF, III, JUDGE
UNITED STATES DISTRICT COURT