Don McCoin v. Director, TDCJ-CID

Summary

The United States District Court for the Eastern District of Texas dismissed Don McCoin’s 28 U.S.C. § 2254 habeas petition without prejudice because he had not exhausted his claims in the Texas Court of Criminal Appeals. The court adopted the magistrate judge’s report and recommendation, overruled McCoin’s objections, and denied a certificate of appealability sua sponte.

Holdings

1. McCoin failed to exhaust his state remedies because he did not fairly present his claims to the Texas Court of Criminal Appeals, the highest available state court in Texas.

Questions Presented

1. Whether McCoin exhausted available state remedies before seeking federal habeas relief under 28 U.S.C. § 2254.
2. Whether the magistrate judge's recommendation to dismiss the petition for failure to exhaust should be adopted.

Disposition

dismissed