Barksdale v. McClain

Summary

The United States District Court for the Northern District of Alabama adopted the magistrate judge’s recommendation and dismissed Christopher Blake Barksdale’s 28 U.S.C. § 2254 habeas petition without prejudice for failure to exhaust state court remedies. The court denied a certificate of appealability because the petition did not present issues debatable among reasonable jurists.

Holdings

1. The petition was dismissed without prejudice because Barksdale had not exhausted his state-court remedies.
2. A certificate of appealability was denied because the petition did not present issues debatable among reasonable jurists.

Questions Presented

1. Whether Barksdale's § 2254 petition should be dismissed without prejudice because he had not exhausted available state-court remedies.
2. Whether a certificate of appealability should issue.

Disposition

dismissed