Williams v. Hetzel et al (INMATE 3)

Filing 19

ORDER adopting 17 Report and Recommendations; ORDERED that the petition for writ of habeas corpus is DENIED with prejudice, and this case is DISMISSED as further set out in order. Signed by Honorable Judge W. Harold Albritton, III on 6/15/2015. (kh, )

IN THE UNITED STATES DISTRICT COURT
FORTHE MIDDLE DISTRICT OF ALABAMA
SOUTHERN DIVISION

NATHAN WILLIAMS, AIS #260111,
Petitioner,
vs.
GARY HETZEL, et al.,
Respondents.

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CASE NO. 1:13-cv-006-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #17),
entered on May 19, 2015, and the Petitioner’s Objections (Doc. #18), filed on June 1, 2015.
Following an independent evaluation and de novo review of the file in this case, the court
finds the objections to be without merit, and they are hereby OVERRULED. The court
ADOPTS the Recommendation of the Magistrate Judge, and it is hereby
ORDERED that the petition for writ of habeas corpus is DENIED with prejudice, and
this case is DISMISSED because (1) to the extent Williams’s claims are viewed solely as
challenges to the state court’s denial of his in forma pauperis application and not as challenges to
the validity of his convictions, Williams fails to present a claim within the scope of federal
habeas review; and (2) to the extent that Williams’s petition is considered as an attempt to
challenge his 2007 Houston County convictions for first-degree rape and first-degree sexual
abuse, it is time-barred under the one-year limitations period in 28 U.S.C. § 2244(d).

DONE this 15th day of June, 2015.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE