Summary
The United States District Court for the District of South Carolina adopts the Magistrate Judge’s recommendation and dismisses Corey Lamar Gorham’s habeas petition without prejudice. The court applies the Younger abstention doctrine to pending state criminal proceedings and declines to require the respondent to file a return.
Holdings
- The petition was subject to dismissal under the Younger doctrine because it challenged pending state criminal proceedings and no narrow exception or special circumstance justified federal interference.
- Because no timely objections were filed, the court adopted the magistrate judge's Report and Recommendation and dismissed the petition without prejudice.
Questions Presented
- Whether the federal habeas petition should be dismissed under the Younger abstention doctrine because it sought interference with pending state criminal proceedings.
- Whether the district court should adopt the magistrate judge's Report and Recommendation after the petitioner failed to file timely objections.
Disposition
dismissed
Cases Cited (5)
- Younger v. Harris, 401 U.S. 37 (1971)(followed)
- Mathews v. Weber, 423 U.S. 261, 270-71 (1976)(followed)
- Cruz v. Beto, 405 U.S. 319 (1972)(followed)
- Haines v. Kerner, 404 U.S. 519 (1972)(followed)
- Weller v. Dep't of Social Services, 901 F.2d 387 (4th Cir. 1990)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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