Opinion

Brown v. Gordy

Court
District Court, N.D. Alabama
Filed
Jul 22, 2025
Cited by
0 cases
Authority
More cited than 38.1%

The opinion

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ALABAMA

WESTERN DIVISION

KENNETH DERRELL BROWN, JR., )

)

Petitioner, )

)

v. ) Case No. 7:24-cv-00872-MHH-NAD

)

CHRISTOPHER GORDY, Warden, )

)

Respondent. )

MEMORANDUM OPINION

On June 4, 2025, the magistrate judge entered a report in which he

recommended that the Court dismiss Kenneth Derrell Brown Jr.’s petition for writ

of habeas corpus under 28 U.S.C. § 2254 because he has not exhausted his state court

remedies. (Doc. 33). The magistrate judge advised Mr. Brown of his right to object

within 14 days. (Doc. 33, pp. 12-13). To date, the Court has not received

objections.1

1 Mr. Brown filed a “Letter Rogatory” on which he wrote “(This is not a Motion).” (Doc. 34). In

that document, Mr. Brown, proceeding as “Ali Yair Yamin,” states that he seeks to “offset all

unpaid obligations of DEBTOR KENETH DERREL BROWN JR.” (Doc. 34, p. 1). Nothing in

that document resembles an objection to the magistrate judge’s report. Mr. Brown also has filed

other documents including a motion for protective order, a “Notice of Default,” a “Notice of

Complaint,” and copies of prison disciplinary actions. (Doc. 35). Because those documents

concern Mr. Brown’s conditions of confinement and relate to his pending civil action, the

magistrate judge directed the Clerk to re-docket those submissions in Mr. Brown’s civil action,

Brown v. Walker, 7:24-cv-01160-RDP-NAD.

A district court “may accept, reject, or modify, in whole or in part, the findings

or recommendations made by the magistrate judge.” 28 U.S.C. § 636(b)(1)(C). A

district judge must “make a de novo determination of those portions of the

[magistrate judge’s] report or specified proposed findings or recommendations to

which objection is made.” 28 U.S.C. § 636(b)(1); see also FED. R. CIV. P. 72(b)(3)

(“The district judge must determine de novo any part of the magistrate judge’s

disposition that has been properly objective to.”). A district court’s obligation to

“‘make a de novo determination of those portions of the report or specified proposed

findings or recommendations to which objection is made,’” 447 U.S. at 673 (quoting

28 U.S.C. § 636(b)(1)), requires a district judge to “‘give fresh consideration to those

issues to which specific objection has been made by a party,’” 447 U.S. at 675

(quoting House Report No. 94-1609, p. 3 (1976)). United States v. Raddatz, 447

U.S. 667 (1980) (emphasis in Raddatz).

After consideration of the electronic record in this case and the magistrate

judge’s report and recommendation, the Court adopts the report, and accepts the

recommendation.2 Consistent with the recommendation, by separate order, the

2 The Court expresses no opinion regarding the merits of Mr. Brown’s contention that his state

sentence is an “unauthorized sentence.” (Doc. 33, p. 9). Mr. Brown’s habeas petition fails on the

merits of that claim because, as Judge Danella explained, the Court cannot decide issues of state

law, not because the Court has considered the claim and rejected it. Per the Branan decision, the

Court may not consider the merits of Mr. Brown’s argument concerning the legality of his sentence

under state law. (Doc. 33, p. 9) (citing Branan v. Booth, 861 F.2d 1507, 1508 (11th Cir. 1988)).

Court will dismiss Mr. Brown’s petition for writ of habeas corpus without prejudice

because he did not exhaust his state court remedies.

Because the petition does not present issues that are debatable among jurists

of reason, the Court will not issue a certificate of appealability. See 28 U.S.C. §

2253(c); Slack v. McDaniel, 529 U.S. 473, 484-85 (2000); Rule 11(a), Rules

Governing § 2254 Proceedings.°

DONE and ORDERED this July 22, 2025.

Aadles HUGHES HAIKALA

UNITED STATES DISTRICT JUDGE

> Pursuant to Rule 22(b)(1) of the Federal Rules of Appellate Procedure, Mr. Brown may request

a certificate of appealability from the Eleventh Circuit Court of Appeals. Fed. R. App. P. 22(b);

11th Cir. R. 22-1.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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