Gaines v. Daniels et al (INMATE2)

Filing 13

ORDER directing the petitioner to file a response to the 11 Response to Habeas Petition on or before July 12, 2011. Signed by Honorable Judge Terry F. Moorer on 6/21/2011. (br, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION
____________________________
HENRY GAINES, #113 380

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Petitioner,

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v.

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LEEPOSEY DANIELS, WARDEN et al.,
Respondents.
____________________________

2:11-CV-339-TMH
(WO)

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ORDER
Respondents filed an answer on June 10, 2011 in accordance with the provisions of
Rule 5, Rules Governing Section 2254 Cases in the United States District Courts. (Doc. No.
11.) They contend therein that the present habeas corpus petition is due to be denied because
the claims presented by Petitioner provide no basis for relief. Specifically, Respondents

argue that Petitioner’s federal habeas claims entitle him to no relief because the state courts
properly adjudicated these issues adversely to him during proceedings related to his Rule
32 petition. Williams v. Taylor, 529 U.S. 362, 404-405 (2000). A claim which is properly
adjudicated on the merits by the state courts does not provide a basis for federal habeas relief.
Id.
In sum, § 2254(d)(1) places new constraints on the power of a federal court to grant
a state prisoner’s application for habeas corpus relief with respect to those claims adjudicated
on the merits in state court. The statute allows this court to grant a writ of habeas corpus

only “if the relevant state-court decision was either (1) ‘contrary to ... clearly established
Federal law, as determined by the Supreme Court of the United States,’ or (2) ‘involved an
unreasonable application of ... clearly established Federal law, as determined by the Supreme
Court of the United States.’ (Emphases added.)” Williams, 529 U.S. at 404-405. “Under §
2254(d)(1) and the Williams decision, [a federal court] can grant relief only if the state court
decision denying relief is ‘contrary to’ clearly established federal law or is an ‘unreasonable
application’ of federal law.” Brown v. Head, 272 F.3d 1308, 1313 (11th Cir. 2001). In the
vast majority of cases, a federal district court will be faced with the contention that the state
court unreasonably applied federal law.
In determining whether the state court’s decision is an
unreasonable application of the law set out in [applicable]
Supreme Court decisions, we need not decide whether we would
have reached the same result as the state court if we had been
deciding the issue in the first instance. Instead, we decide only
whether the state court’s decision of the issue is objectively
unreasonably. See Williams v. Taylor, 529 U.S. 362, 411, 120
S.Ct. 1495, 1522, 146 L.Ed.2d 389 (2000) (“Under
§2254(d)(1)’s ‘unreasonable application’ clause, then, a federal
habeas court may not issue the writ simply because that court
concludes in its independent judgment that the relevant statecourt decision applied clearly established federal law
erroneously or incorrectly. Rather, that application must also be
unreasonable.”); Brown v. Head, 272 F.3d 1308, [1313] (11 th
Cir. 2001)(“It is the objective reasonableness, not the
correctness per se, of the state court decision that we are to
decide.”).
Wright v. Secretary for the Dept. of Corrections, 278 F.3d 1245, 1256 (11 th Cir. 2002).
Additionally, the statute makes it clear that a federal court cannot grant relief with respect

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to claims adjudicated on the merits by the state courts “unless the adjudication of the claim
. . . resulted in a decision that was based on an unreasonable determination of the facts in
light of the evidence presented in the State court proceeding.” 28 U.S.C. § 2254(d)(2).
Accordingly, it is
ORDERED that on or before July 12, 2011 Petitioner may file a response in
accordance with this order. Any pleadings, documents or evidence filed after this date will
not be considered by the court except in exceptional circumstances. Petitioner is advised that
at any time after July 12, 2011 the court shall “determine whether an evidentiary hearing is
required. If it appears that an evidentiary hearing is not required, the [court] shall make such
disposition of the petition as justice shall require.” Rule 8(a), Rules Governing Section 2254
Cases in the United States District Courts.
Petitioner is instructed that when filing his response, he may file sworn affidavits or
other documents in support of his claims. Affidavits should set forth specific facts which
demonstrate that Petitioner is entitled to relief on the grounds presented in the habeas corpus
petition. If documents which have not previously been filed with the court are referred to in
the affidavits, sworn or certified copies of those papers must be attached to the affidavits or
served with them. When Petitioner attacks Respondents' answer by use of affidavits or other
documents, the court will, at the appropriate time, consider whether to expand the record to
include such materials. See Rule 7, Rules Governing Section 2254 Cases in the United States
District Courts.

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Done, this 21 st day of June 2011.

/s/ Terry F. Moorer
TERRY F. MOORER
UNITED STATES MAGISTRATE JUDGE

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