Edwards v. Mitchem et al (INMATE1)

Filing 51

ORDERED that the 46 Report and Recommendation is adopted and that: 1) Dft Edwards' 1 Petition for Habeas Corpus is DENIED; 2) This case is DISMISSED with prejudice pursuant to 42 USC 1997e(c)(1) because Mr. Edwards is not entitled to relief on his claim of actual innocence and the remainder of his claims are procedurally defaulted; An appropriate judgment will be entered. Signed by Honorable William Keith Watkins on 12/4/2008. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION R O B E R T REX EDWARDS, #225984, P e titio n e r, v. BILLY MITCHEM, et al., R e s p o n d e n ts . ) ) ) ) ) ) ) ) )

CASE NO. 2:06-CV-177-WKW

ORDER B e f o re the court are Mr. Robert Rex Edwards' Petition for Habeas Corpus (Doc. # 1) an d the Report and Recommendation of the Magistrate Judge (Doc. # 46). T h e re being no objections filed to the Report and Recommendation of the Magistrate J u d g e , and upon an independent review of the file, it is ORDERED that the Report and R e c o m m e n d a tio n is adopted and that: 1. 2. D e f e n d a n t Edwards' Petition for Habeas Corpus (Doc. # 1) is DENIED. This case is DISMISSED with prejudice pursuant to 42 U.S.C. § 1997e(c)(1) b e c au s e Mr. Edwards is not entitled to relief on his claim of actual innocence a n d the remainder of his claims are procedurally defaulted. A n appropriate judgment will be entered. D O N E this 4th day of December, 2008. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE