Hails v. Davenport et al (INMATE 2)

Filing 27

ORDER: The 26 Objection is OVERRULED, and the court ADOPTS the 25 Recommendation of the Magistrate Judge. It is hereby ORDERED the 1 Petition for habeas corpus relief filed by Antuan Hails is DENIED as it was not filed within the period of limitation established by applicable federal law and the case is DISMISSED with prejudice. Signed by Honorable Judge W. Harold Albritton, III on 3/17/2016. (dmn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
NORTHERN DIVISION

ANTUAN S. HAILS, #217 513,
Petitioner,
v.
CARTER DAVENPORT, WARDEN,
and LUTHER STRANGE, ATTORNEY
GENERAL FOR THE STATE OF
ALABAMA,
Respondents.

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CIVIL ACTION NO. 2:13-CV-184-WHA

ORDER
This case is before the court on Recommendation of the Magistrate Judge (Doc. #25) and
the Petitioner’s Objection to the Recommendation (Doc. #26).
Following an independent evaluation and de novo review of the file in this case, the court
finds that the objection is without merit and is due to be overruled.
In his Objection, Petitioner does not contest the Magistrate Judge’s finding that his
habeas petition is time-barred. Petitioner instead re-argues the merits of his actual innocence
claim. He maintains that he can prove his innocence through eyewitness testimony that was
suppressed in a “clandestine” manner by the State and his trial attorney. (Doc. #26).
Petitioner asserts that he has been trying to obtain new evidence from witnesses and that
he is “still in the process” of trying to acquire such information, twelve years after his
convictions. (Doc. #26). Petitioner fails to point to any “new reliable evidence” to establish his
actual innocence. See Schlup v. Delo, 513 U.S. 298, 324 (1995). Thus, the petition is time-barred
under 28 U.S.C. §2244(d).

Accordingly, the objection is OVERRULED, and the court ADOPTS the
Recommendation of the Magistrate Judge.
It is hereby ORDERED the petition for habeas corpus relief filed by Antuan Hails is
DENIED as it was not filed within the period of limitation established by applicable federal law
and the case is DISMISSED with prejudice.
Done this 17th day of March, 2016.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNTIED STATE DISTRICT JUDGE